Local and special acts and resolutions of the General Assembly of the state of Georgia 1995 [volume 2]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19950000 English

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1995 19950000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume Two

TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 VOLUME TWO Acts and Resolutions of Local Application 3501 County Home Rule Actions 4509 Municipal Home Rule Actions 4537 VOLUME THREE Acts by NumbersPage References I Bills and ResolutionsAct Number References VI Appellate CourtsPersonnel XIV Superior CourtsPersonnel and Calendars XV Index-Tabular XXVI Index General LXII Population of Georgia CountiesAlphabetically CXXVIII Population of Georgia CountiesNumerically CXXXIV Population of Municipalities CXXXVI Population of Judicial Circuits CXLVII Georgia Senate Districts, Alphabetically by County CL Georgia Senators, Alphabetically by Name CLII Georgia Senators, Numerically by District CLV Georgia House Districts, Alphabetically by County CLVIII Georgia Representatives, Alphabetically by Name CLX Georgia Representatives, Numerically by District CLXVII Status of Referendum Elections CLXXIV Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at 1994 General Election CCCXVI Municipalities Continued or Abolished CCCXX Vetoes by the Governor CCCXXXII

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COMPILER'S NOTE General Acts and Resolutions of the 1995 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. No amendments to the Constitution of the State of Georgia were proposed in 1995. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and municipalities filed in the Office of the Secretary of State during 1994 are printed in Volume II beginning at pages 4509 and 4537, respectively. There are no numbered pages between page 1374, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be compiled and printed simultaneously. In order to eliminate the need for hand stitching of thick books and to reduce costs, type size has been reduced slightly, the index and other material is now in a separate volume, and future Volumes I or II, or both, may be divided into two or more books. Page numbers will run consecutively between books in the same volume. Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the Governor's veto message: the Governor's proclamation concerning amendments to the Constitution of the State of Georgia ratified in 1994; and a list of municipalities continued or abolished pursuant to Code Section 36-30-7.1 of the Official Code of Georgia Annotated are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where possible, 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 it was 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. This 11th day of January, 1995 Honorable Charlie Smith, Jr. Representative, 175th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Smith, Jr., who, on oath, deposes and says that he is Representative from the 175th 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: January 11, 1995. /s/ Charlie Smith, Jr. Representative, 175th District Sworn to and subscribed before me, this 30th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved February 21, 1995. CITY OF AVONDALE ESTATES MAYOR AND COMMISSIONERS; ELECTIONS; VACANCIES. No. 8 (House Bill No. 819). AN ACT To amend an Act creating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1926, p. 813), as amended, so as to change certain provisions relating to the election of the Board of Mayor and Commissioners of Avondale Estates; to provide for the election of commissioners and the mayor; to provide for vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1926, p. 813), as amended, is amended by striking Sections 1 and 2 from Article III thereof, relating to the board of mayor and commissioners, in their entirety and inserting in lieu thereof new Sections 1-301 and 1-302 to read as follows:

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SECTION 1-301. Board of Mayor and Commissioners; elections; terms. (a) Those persons presently elected and serving as the Board of Mayor and Commissioners of the City of Avondale Estates shall continue to serve until their successors are duly elected and qualified. On the Tuesday next following the first Monday in November, 1995, and on the Tuesday next following the first Monday in November every four years thereafter, a general election shall be held for the position of two commissioners whose terms of office are expiring. The candidates for the two commission positions that receive the highest number of votes cast in said election shall be elected for a four-year term and until their successors have been duly elected and qualified. Said term shall commence at the first regular meeting of the Board of Mayor and Commissioners in January following the election at which said commissioners are elected. (b) On the Tuesday next following the first Monday in November, 1997, and on the Tuesday next following the first Monday in November every four years thereafter, a general election shall be held for the two commissioner seats whose terms of office are expiring. The two candidates receiving the highest number of votes in said election shall be elected for four-year terms and until their successors are duly elected and qualified. Said terms shall commence at the first regular meeting of the Board of Mayor and Commissioners in January following the election at which said commissioners are elected. (c) Any person possessing the qualifications required by law may qualify for any commission position or the position of mayor. SECTION 1-302. Election of mayor; title of board. (a) The person presently elected by the Board of Commissioners and serving as the Mayor of the City of Avondale Estates shall continue to serve until a successor is duly elected and qualified. On the Tuesday next following the first Monday in November, 1995, and on the Tuesday next following the first Monday in November every four years thereafter, a general election shall be held for the position of mayor. The candidate for mayor who receives the highest number of votes cast in said election shall be elected for a four-year term and until a successor has been duly elected and qualified. Said term shall commence at the first regular meeting of the Board of Mayor and Commissioners in January following the election at which the mayor is elected. (b) The governing body of the City of Avondale Estates thus organized shall be known as the Board of Mayor and Commissioners.

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SECTION 2 . Said Act is further amended by striking Section 10 of Article III in its entirety and inserting in lieu thereof a new Section 1-310 to read as follows: SECTION 1-310. Vacancies. (a) Vacancies. The office of mayor or commissioner shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or commissioner shall be filled for the remainder of the unexpired term by special election in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or such other laws as are or may hereafter be enacted. (c) As provided for by a constitutional amendment ratified in 1984, a vacancy has been created when an elected official qualifies for any other state, county, or municipal elective office or for the House of Representatives or Senate more than 30 days prior to the expiration of the present municipal office. Offices are further vacated by the death or resignation of the incumbent, by the decision of a competent tribunal, by an act of misfortune of the incumbent which renders that person no longer eligible for office, by the incumbent ceasing to be a resident or abandoning office, or upon the occurrence of other events enumerated in Title 45 of the Official Code of Georgia Annotated. Except upon the death, resignation, or felony conviction of an incumbent, notice must be provided to the person whose office is vacated at least ten days before call for an election, and the decision to fill the vacancy is subject to appeal to the superior court. When vacancies are filled by election, the procedure for special elections in Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the `Georgia Municipal Election Code,' must be followed. (d) Vacancies in elective offices may also be created by a recall election initiated by a certain percentage of the electorate. General law provides the grounds for recall and the manner in which a recall election is held. Vacancies created by recall are to be filled by special election in the manner prescribed by law. (e) Should a vacancy occur within less than 180 days of a general or special primary or a general or special election, then the vacancy shall be filled at the next general or special primary or at the next general or special election, as the case may be. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 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, so as to establish the mayor's position in the election separate from the Commission, provide for filling vacancies on the Board of Mayor and Commissioners by special election; to repeal conflicting laws; and for other purposes. This 9th day of February, 1995. Mike Polak Representative, 67th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael C. Polak, who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 9, 1995. /s/ Michael C. Polak Representative, 67th District Sworn to and subscribed before me, this 10th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 14, 1995. DEKALB MEMORIAL STADIUM AUTHORITY CREATION. No. 9 (Senate Bill No. 433). AN ACT To create the DeKalb Memorial Stadium Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership of the authority; to provide for appointment, terms, vacancies, qualifications, compensation, and expenses of members of the authority; to provide for the organization and meetings of the authority; to provide for an executive director and other personnel of the authority; to prohibit conflicts of interest; to provide for reports; to provide for the purposes for

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which the authority is created; to provide for contracts; to provide for the powers and duties of the authority; to provide for revenue bonds and their negotiability and taxability; to provide that certain credit is not pledged; to provide for trust indentures and sinking funds; to provide for refunding bonds; to provide for venue, jurisdiction, and bond validation; to protect certain interests; to provide for trust bonds; to provide for rates and charges; to provide for immunity from liability; to provide for disposition of property upon dissolution of the authority; to provide for severability; 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 the abolition of the authority and the repeal of this Act on a certain date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Short title. This Act shall be known and may be cited as the DeKalb Memorial Stadium Authority Act. SECTION 2 . Findings. (a) It is found, determined, and declared that the 1996 Olympic Games which will be held in Atlanta create a need for quality training facilities for track and field athletes in the metropolitan area, which includes DeKalb County. (b) It is further found and determined that the DeKalb County Board of Education currently owns the DeKalb Memorial Stadium within the DeKalb County School District and that such stadium is currently used for athletic competitions and other events involving DeKalb County students, which stadium, because of its size and location and upon the completion of certain renovations, enhancements, and upgrades, would serve as a world-class training facility suitable for use as an Olympic training facility and other similar purposes. (c) It is further found and determined that because of the nature of the proper uses of the DeKalb Memorial Stadium by the DeKalb County School District for education related athletic training and competitions, the stadium remains vacant and unused most of the days of each year and that much of this surplus availability occurs during the summer months, a period of time during which many international athletic competitions, such as the 1996 Olympic Games, take place.

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(d) It is further found and determined that if certain renovations, enhancements, and upgrades are made, the DeKalb Memorial Stadium will thereafter become an attractive venue for international athletic competitions and other events, which would be of significant economic and cultural benefit to the businesses and citizens of the DeKalb County School District, metropolitan Atlanta, and the State of Georgia. (e) It is further found and determined that arrangements are possible whereby the surplus availability of the DeKalb Memorial Stadium can be used for the 1996 Olympic Games and for other events, including international athletic competitions, without significantly impinging on its full usage by the students of the DeKalb County School District. (f) It is further found and determined that certain renovations, enhancements, and upgrades to the DeKalb Memorial Stadium will inure to the benefit of the citizens of the DeKalb County School District through obviation of the need for normal renovations and repairs. (g) It is further found and determined that because of the unique opportunity presented by the 1996 Olympic Games, certain private sponsors have expressed interest in providing funds and sponsorships for renovations, enhancements, and upgrades to the DeKalb Memorial Stadium, thereby making the renovations, enhancements, and upgrades possible without additional taxpayer expense. (h) Because of the findings and determinations described in subsections (a) through (g) of this section, it is further found that maximum public benefit can be achieved through the creation of a public authority to own, control, and manage the DeKalb Memorial Stadium for the purposes mentioned, and to coordinate by contract or other appropriate means the implementation of plans which will include certain renovations, enhancements, and upgrades to the stadium. (i) 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. SECTION 3 . Definitions. Unless the context clearly requires otherwise, as used in this Act, the term: (1) Authority means the DeKalb Memorial Stadium Authority created in this Act. (2) Board of education means the DeKalb County Board of Education. (3) Project shall mean and include real and personal property including buildings and related facilities and equipment, or [Illegible Text]

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renovation thereto, which are necessary or convenient for the efficient operation or the expansion of the DeKalb Memorial Stadium. (4) School district means the DeKalb County School District. SECTION 4 . DeKalb Memorial Stadium Authority. (a) There is created a body corporate and politic to be known as the DeKalb Memorial Stadium 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 DeKalb County as provided in Section 16 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. (b) The authority may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper. SECTION 5 . Membership. (a) The authority shall consist of seven members. Three of such authority members shall be members of the DeKalb County Board of Education who are appointed to such authority membership by majority vote of said board. Four of such authority members shall not be members of the DeKalb County Board of Education but shall be appointed by majority vote of the DeKalb County Board of Education and shall be residents of DeKalb County. (b) The terms of office of the three members of the authority who are members of the DeKalb County Board of Education shall be concurrent with their terms of office as members of such board. The terms of office of the other four members of the authority shall be two years each and until the appointment and qualification of their respective successors. (c) 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 chairperson of the board of education as soon after the enactment into law of this Act as may be practicable. The members of the authority shall elect one of their number to serve as chairperson of the authority and another of their number to serve as vice chairperson of the authority. The

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chairperson and vice chairperson of the authority shall serve as such for terms of one year and until their respective successors are selected. The members shall elect one individual, who need not be a member of the authority, to serve as secretary and treasurer, and such individual shall serve at the pleasure of the members; provided, however, that if the secretary and treasurer is a nonmember, then such secretary and treasurer shall not have a vote in the conduct of authority business. (b) A majority of the 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 all members. (c) The authority shall meet not less than semiannually or on the call of the chairperson of the authority. In the absence of the chairperson, the vice chairperson may call a meeting of the authority and preside at meetings thereof. In the absence of the chairperson and the vice chairperson, the secretary-treasurer may call a meeting of the authority and preside at meetings thereof. The chairperson 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. SECTION 7 . Executive director; treasurer; and other administrative officers and employees. The authority may appoint and fix the compensation of an executive director under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. The executive director shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority, and he or she shall have such powers as are necessarily incident to the performance of his or her duties and such other powers as may be granted by the authority and the governing authority of the county. Additionally, the authority may appoint and fix the compensation of a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe. The authority may also authorize and employ such other administrative officers and employees under such terms and conditions as the authority shall consider necessary and appropriate to effectuate its purposes under this Act. SECTION 8 . Conflicts of interest. No member, officer, or employee of the authority shall have a financial interest, direct or indirect, in any contract with the authority or be financially interested, directly or indirectly, in the sale to the authority of

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any lands, material, supplies, or services, except on behalf of the authority as a member, officer, or employee. Any violation of the provisions of this section by the executive director, any officer, or any employee of the authority shall be grounds for removal by the authority. SECTION 9 . Powers and duties. (a) In addition to any other powers and duties provided for by this Act and solely for the purpose of enabling 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; (3) To acquire title to the DeKalb Memorial Stadium from the DeKalb County Board of Education, which is explicitly authorized to convey such title, for such consideration and on such terms as may be agreed upon by the authority and the DeKalb County Board of Education, taking into consideration the public benefit to be derived from such conveyance; (4) To request the DeKalb County Board of Education to exercise the power of eminent domain to acquire any private property or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The DeKalb County Board of Education is authorized to exercise its power of eminent domain and to convey such property to the authority upon such terms and conditions as the board of education believes would best serve the public interest; (5) To procure insurance against any loss in connection with property and other assets of the authority; (6) 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; (7) To make contracts and to execute all instruments necessary or convenient in connection therewith;

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(8) To sell advertising and to grant exclusive rights, franchises, or concessions; (9) To enter into contracts, leases, rentals, or other agreements with commercial and noncommercial users of the authority's property for the use of such property under such terms and conditions as the authority deems appropriate and for such charges, rentals, and fees as the authority deems appropriate under the circumstances; (10) To enter into intergovernmental contracts as contemplated by and permitted under Article IX, Section III, Paragraph I of the Constitution of the State of Georgia; (11) 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; (12) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (13) 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; (14) 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 (15) 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 . Revenue bonds. The authority shall have power and is authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as provided in this Act, any such bonds of the authority previously issued. The principal of and interest on such

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revenue bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such revenue bonds or from revenues received by or on behalf of the authority pursuant to any contracts entered into between the authority and any other entities as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. SECTION 11 . Revenue bonds; negotiability and exemption from taxation and securities regulation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. The sale or issuance of obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, the Georgia Securities Act of 1973, or any other law but may be fully registered as to payment at the election of the authority. Such bonds are declared to be issued for an essential public and governmental purpose and such bonds and the income thereof shall be exempt from all taxation within this state. SECTION 12 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, of the DeKalb County School District, or of DeKalb County, but such bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia, the DeKalb County School District, or DeKalb County to levy or to pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia, the DeKalb County School District, or DeKalb County nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. The DeKalb County School District and other governmental entities with taxing powers, however, may obligate themselves 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 with the

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authority, 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 DeKalb County School District and other governmental entities with taxing powers, but shall not constitute a debt of the DeKalb County School District or such other governmental entities within the meaning of Article IX, Section V, Paragraph I of the Constitution; and, when the DeKalb County School District or such other governmental entities contract with the authority 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 comply fully with the terms of such contract. SECTION 13 . 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 any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the sale or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the authority in relation to the acquisition and construction of any project, the maintenance, operation, repair, and insurance of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project, and may also provide that any project shall be acquired and constructed 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 pledging all or any part of the revenues and earnings of such project or projects may be issued. Such indenture may set forth the rights and remedies of the bondholders and of the trustee. 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 14 . Revenue bonds; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged, from whatever source received, which such pledge may include funds received from one or more or all sources not previously pledged and allocated, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which such 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 any paying agent or agents for paying principal and interest; and (4) Any premium upon bonds retired by call or purchase. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds issued pursuant to such resolution or trust indenture without distinction or priority of one over another. SECTION 15 . Revenue bonds; refunding bonds. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium required for the payment of such bonds prior to maturity. The issuance of such revenue bonds and all the details thereof, the rights of the holders thereof, and the duties of the authority with respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

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SECTION 16 . Venue; jurisdiction; service. The principal office of the authority shall be in DeKalb County and the venue of any action against it shall be in DeKalb County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of DeKalb County, Georgia, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority. SECTION 17 . Revenue bonds; validation. Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the DeKalb County School District or any other contracting parties, if such school district or any other contracting party has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated, and the DeKalb County School District or other contracting party shall be required to show cause, if any exists, why such contract 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 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 the validity of such bonds against the authority, and the validity of the contract and of the terms and conditions thereof, when validated, and the judgment of validation shall be final and conclusive against the DeKalb County School District or other contracting party, if they are a party to the validation proceeding as provided for in this section. SECTION 18 . Interest of bondholders and holders of interests in authority contracts protected. While any of the bonds issued by the authority or any interests in contracts of 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 interest and rights of the holders of such bonds or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds and interests in contracts of the authority and, upon the issuance of bonds or the creation of interests

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in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or such interests in contracts of the authority. SECTION 19 . Moneys received considered trust funds. All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or contracts of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. SECTION 20 . Rates, charges, and revenues of projects. The authority is authorized to prescribe and fix and collect rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects, and to determine the price and terms at and under which its projects may be sold. SECTION 21 . 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 22 . Tax [Illegible Text] status of authority property, activities, and bonds. It is found, determined, and declared that the creation of the authority and the carrying out of its purposes as defined in this part are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. The state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the facilities erected or acquired by it, or upon any fees, rentals, or other charges for the use of such facilities, or upon any other income received by the authority. Further, the state covenants that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this

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state. Any exemption from taxation provided in this Code section shall not include exemption from sales and use taxes. SECTION 23 . Actions. Any action brought against the authority shall be brought in a court of competent jurisdiction, and such court shall have exclusive original jurisdiction on such action. SECTION 24 . Immunity from liability. The authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia, and members, officers, agents, and employees of the authority in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the State of Georgia. SECTION 25 . Dissolution of authority. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to and be the property of the board of education, subject to all rights and encumbrances thereon, provided that the board of education by acceptance thereof shall fulfill all obligations of the authority. SECTION 26 . Severability; should any portion of this Act be held invalid. The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause, or phrase of this Act, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. SECTION 27 . 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.

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SECTION 28 . Cumulative with nonconflicting existing laws. This Act shall not be construed so as to repeal any laws or parts thereof not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the subject or existing laws which authorize the doing of things authorized by this Act unless they are in direct conflict with 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 given that there will be introduced at the regular 1995 session of the General Assembly of Georgia, a bill to create the DeKalb Memorial Stadium Authority and for other purposes. Senator Steve Henson 55th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Henson, who, on oath, deposes and says that he is Senator from the 55th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 23, 1995. /s/ Steve Henson Senator, 55th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 14, 1995. LEE COUNTY UTILITIES AUTHORITY MEMBERSHIP; POWERS. No. 11 (House Bill No. 525). AN ACT To amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), so as to provide for the membership

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of the authority, including ex officio and appointed members, and their term of tenure and compensation; to confer powers and duties upon the authority; to provide for the authority to condemn property; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), is amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2 to read as follows: 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 seven members, all of whom shall be citizens of Lee County. The chairperson of the Board of Commissioners of Lee County shall be an ex officio member of the authority and shall serve as chairperson of the authority. The vice chairperson of the Board of Commissioners of Lee County also shall be an ex officio member of the authority. Each of the other five members of the authority shall be appointed by a majority vote of the Board of Commissioners of Lee County, and each such appointed member shall serve for a term of four years and until his or her successor shall be appointed and seated; except that each appointed member of the authority serving on January 1, 1995, shall continue to serve the remainder of his or her then current term and until a successor shall be appointed by majority vote of the Board of Commissioners of Lee County. Members of the authority shall be eligible for reappointment. The authority shall elect a vice chairperson from among its members. The authority shall also elect a secretary and a treasurer or a secretary-treasurer, who may or may not be members of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the power of a quorum to exercise all the rights and perform all the duties of the authority. Each of those members of the authority appointed by the Board of Commissioners of Lee County shall be entitled to compensation for their services at the rate of $300.00 per year, and all members of the authority, whether appointed or ex officio, shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. The authority shall have perpetual existence.

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SECTION 2 . Said Act is further amended by striking in its entirety paragraph (3) of Section 4 and substituting in lieu thereof a new paragraph (3) to read as follows: (3) To acquire in its 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 or personal 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 obligation to accept and pay for any property condemned under this Act except from the funds 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 encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any 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 of Georgia for the credit of the general fund of the state treasury of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairperson of the authority; SECTION 3 . 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 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 hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, P. 6419), to provide for the membership of the Authority, including ex-officio and appointed members, and their term of tenure and compensation; to confer powers and duties upon the Authority; to provide for the Authority to condemn property; to provide for severability; to repeal conflicting laws; and for other purposes. 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 157th 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 19, 1995. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 31st day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 17, 1995. STONE MOUNTAIN JUDICIAL CIRCUIT JUDGES; SUPPLEMENT. No. 15 (House Bill No. 823). 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), and an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), so as to increase the amount of such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain

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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), and an Act approved April 15, 1992 (Ga. L. 1992, p. 6269), is amended by adding a new subsection at the end of Section 1, to be designated subsection (f), to read as follows: (f) 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 $6,000.00. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill 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; and for other purposes. This 10th day of February, 1995. Rep. Betty Jo Williams 63rd 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 63rd 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 16, 1995. /s/ Betty Jo Williams Representative, 63rd District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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GORDON COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 16 (House Bill No. 753). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Gordon County shall be elected by the qualified voters of Gordon County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1996 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, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her 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 or her 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.

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SECTION 5 . The names of all candidates for the office of judge of the probate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County; to provide for the requirements and procedures of the nonpartisan nomination and election; and for other purposes. This 6th day of February, 1995. Tom E. Shanahan State Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Shanahan, 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 Calhoun Times, which is the official organ of Gordon County, on the following date: February 11, 1995. /s/ Tom Shanahan Representative, 10th District Sworn to and subscribed before me, this 13th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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CHATHAM COUNTY PROBATE COURT; CLERK; COMPENSATION PROVISIONS REPEALED. No. 17 (House Bill No. 698). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved April 28, 1993 (Ga. L. 1993, p. 5340), and an Act approved March 24, 1994 (Ga. L. 1994, p. 3749), so as to change the provisions relating to the compensation of certain officials; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved April 28, 1993 (Ga. L. 1993, p. 5340), and an Act approved March 24, 1994 (Ga. L. 1994, p. 3749), is amended by striking subsection (a) of Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner $ 53,000.00 per annum Sheriff 54,000.00 per annum Clerk of superior court 40,000.00 per annum Clerk of the state court 33,000.00 per annum Judge of the recorder's court 59,500.00 per annum Judge of the probate court 52,500.00 per annum Judge of the juvenile court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court

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Judge of the state court 71,000.00 per annum Chief magistrate of the magistrate court 52,500.00 per annum Coroner 8,200.00 per annum SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved April 28, 1993 (Ga. L. 1993, p. 5340), and an Act approved March 24, 1994 (Ga. L. 1994, p. 3749); and for other purposes. This 19th day of January, 1995. Tom Bordeaux Representative 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas C. Bordeaux, 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 Savannah Morning News/Savannah Evening Press, which is the official organ of Chatham County, on the following date: January 24, 1995. /s/ Thomas C. Bordeaux Representative, 151st District Sworn to and subscribed before me, this 8th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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DEKALB COUNTY SPECIAL SERVICES TAX DISTRICTS; TAX MILLAGE RATE. No. 18 (House Bill No. 370). 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 change the adjusted ad valorem tax millage rate for district services for each special district; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act to 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 striking subsection (b) of Section 6 and inserting in its place subsections (b) and (b.1) to read as follows: (b) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1996, the adjusted ad valorem tax millage rate for district services for each special services tax district shall be the percentage of the district services ad valorem tax millage rate determined under paragraph (4) of Section 5 which is shown below for each special services tax district: (1) Atlanta in DeKalb 0 percent (2) Avondale Estates 55 percent (3) Chamblee 18 percent (4) Clarkston 45 percent (5) Decatur 25 percent (6) Doraville 26 percent (7) Lithonia 46 percent (8) Pine Lake 55 percent (9) Stone Mountain 38 percent (b.1) For taxable years beginning on or after January 1, 1996, the adjusted ad valorem tax millage rate for district services for each special services tax district shall be the percentage of the district services ad

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valorem tax millage rate determined under paragraph (4) of Section 5 which is shown below for each special services tax district: (1) Atlanta in DeKalb 0 percent (2) Avondale Estates 32 percent (3) Chamblee 13 percent (4) Clarkston 27 percent (5) Decatur 17 percent (6) Doraville 18 percent (7) Lithonia 28 percent (8) Pine Lake 32 percent (9) Stone Mountain 24 percent 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 1995 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 5th day of January, 1995. Mike Polak Representative, 67th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Polak, who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur/DeKalb News Era, which is the official organ of DeKalb County, on the following date: January 5, 1995. /s/ Mike Polak Representative, 67th District Sworn to and subscribed before me, this 10th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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DECATUR COUNTY PROBATE COURT; JUDGE; NONPARTISAN ELECTIONS. No. 19 (House Bill No. 371). AN ACT To amend an Act making provisions for the judge of the Probate Court of Decatur County, approved March 27, 1985 (Ga. L. 1985, p. 4418), so as to provide for the nonpartisan election of the judge of the probate court without a prior nonpartisan primary; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act making provisions for the judge of the Probate Court of Decatur County, approved March 27, 1985 (Ga. L. 1985, p. 4418), is amended by adding, following Section 3 of said Act, a new Section 3.1 to read as follows: SECTION 3.1. The judge of the Probate Court of Decatur County shall be elected in a nonpartisan election without a prior nonpartisan primary. Such nonpartisan election shall be conducted 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 2 . This Act shall become effective on January 1, 1996, but only if a general law providing for the manner of qualifying for election in a nonpartisan election without a prior nonpartisan primary is enacted at the 1995 session of the General Assembly of Georgia and becomes law prior to such date. If such general law is not enacted and does not become law prior to such date, this Act shall stand repealed and shall be of no force or effect. 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 1995 session of the General Assembly of Georgia a bill to amend an act making provisions for the judge of the Probate Court of Decatur County, approved March 27, 1985 (Ga. L. 1985, p. 4418); and for other purposes.

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This 11th day of January, 1995. /s/ Cathy Cox Representative Cathy Cox 160th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cathy Cox, who, on oath, deposes and says that she is Representative from the 160th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of Decatur County, on the following date: January 14, 1995. /s/ Cathy Cox Representative, 160th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CLARKE COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 20 (House Bill No. 322). AN ACT To amend an Act providing for the Clarke County School District, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved January 15, 1993 (Ga. L. 1993, p. 3514), so as to change the compensation and expenses of the members of the Board of Education of Clarke County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the Clarke County School District, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved January 15, 1993 (Ga. L. 1993, p. 3514), is amended by striking subsection (g) thereof, which reads as follows: (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

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majority vote of the members. The president and vice president shall be elected at the first regular meeting of the elected board held in 1994 and at the first regular meeting of the elected board in each even-numbered year thereafter and each shall serve until a successor is elected by the board as herein provided. The president shall be compensated in the amount of $75.00 per meeting not to exceed $375.00 per month, and each of the other members shall be compensated in the amount of $50.00 per meeting not to exceed $250.00 per month., and inserting in its place the following: (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 elected board held in 1994 and at the first regular meeting of the elected board in each even-numbered year thereafter and each shall serve until a successor is elected by the board as herein provided. The president shall be compensated in the amount of $450.00 per month, and each of the other members shall be compensated in the amount of $300.00 per month. Members of the board of education, including the president, shall also be reimbursed for the actual expenses necessarily incurred in the performance of their official duties. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA ATHENS-CLARKE COUNTY Notice is hereby given that there will be introduced at the regular 199 Session of the General Assembly of Georgia a Bill to amend an [Illegible Text] providing for the creation of the Clarke County School District, approved March 7, 1955, (Ga. Laws 1955, page 3057), as amended, and particularly an Act ap-proved January 15, 1993, (Ga. Laws 1993, page 3514); and [Illegible Text] other purposes. This 10th day of January, 1995. Dennis Revell, President Clarke County Board of Education GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louise McBee, who, on oath, deposes and says that she is Representative from the 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Athens Observer, which is the official organ of Clarke County, on the following date: January 12, 1995. /s/ Louise McBee Representative, 88th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. DECATUR COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS. No. 21 (House Bill No. 373). AN ACT To amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, so as to provide for the nonpartisan election of the members of the board of education without a prior nonpartisan primary; to provide for related matters; to provide a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, is amended by striking subsection (b) of Section 3 of said Act in its entirety and inserting in its place the following: (b) Each person offering for election to the board shall designate the education district for which the person is offering. Each member of the board shall be elected in a nonpartisan election by a majority of the voters voting within the respective education district. Each member of the board shall be elected in a nonpartisan election without a prior nonpartisan primary. Such nonpartisan elections shall be conducted in

Page 3533

accordance with the provisions of O.C.G.A. Chapter 2 of Title 21, known as the `Georgia Election Code.' SECTION 2 . This Act shall become effective on January 1, 1996, but only if a general law providing for the manner of qualifying for election in a nonpartisan election without a prior nonpartisan primary is enacted at the 1995 session of the General Assembly of Georgia and becomes law prior to such date. If such general law is not enacted and does not become law prior to such date, this Act shall stand repealed and shall be of no force or effect. 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 1995 session of the General Assembly of Georgia a bill to amend an act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended; and for other purposes. This 11th day of January, 1995. /s/ Cathy Cox Representative Cathy Cox 160th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cathy Cox, who, on oath, deposes and says that she is Representative from the 160th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of Decatur County, on the following date: January 14, 1995. /s/ Cathy Cox Representative, 160th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

Page 3534

DECATUR COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 22 (House Bill No. 372). AN ACT To amend an Act creating the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3286), so as to change the compensation of the chairperson and members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3286), is amended by striking Section 8 in its entirety and inserting a new Section 8 to read as follows: SECTION 8. The chairperson of the Board of Commissioners of Decatur County shall be compensated in the amount of $500.00 per month from the funds of Decatur County. The remaining members of the board shall be compensated in the amount of $400.00 per month from the funds of Decatur 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3286); and for other purposes. This 11th day of January, 1995. /s/ Cathy Cox State Representative, District 160
Page 3535

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cathy Cox, who, on oath, deposes and says that she is Representative from the 160th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of Decatur County, on the following date: January 14, 1995. /s/ Cathy Cox Representative, 160th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF MONROE COUNCIL; MEMBERSHIP; DISTRICTS; TERMS; QUALIFICATIONS; ELECTIONS. No. 23 (House Bill No. 762). 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), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5168), so as to change the provisions relating to the establishment of the government for the City of Monroe; to provide new election districts; to increase the number of councilmembers; to provide for the continuation in office of persons currently serving in office; to define certain terms; to provide for residency requirements; to provide for elections and terms of office; to provide for submission of this Act to the United States Attorney General for approval; to change the provisions relating to regular elections; 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), and an Act approved April 9, 1993 (Ga. L. 1993, p. 5168), is amended by striking

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Section 2.01 in its entirety and inserting in lieu thereof a new Section 2.01 to read as follows: SECTION 2.01. Establishment of city government. All corporate, legislative, and other governmental powers of the City of Monroe shall be vested in a city council to be composed of a mayor and eight councilmembers. The mayor and councilmembers shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia or, if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Monroe. All corporate, legislative, and other governmental powers shall remain vested in the mayor and six councilmembers until January 1, 1996, at which time the city council will be increased to the mayor and eight councilmembers. The mayor and councilmembers so continued in office shall be the governing authority of the city until their respective successors are elected and qualified. SECTION 2 . Said Act is further amended by striking in its entirety subsection (a) of Section 2.03 and inserting in lieu thereof a new subsection (a) to read as follows: (a) For purposes of electing the councilmembers, the City of Monroe shall be divided into eight election districts as follows: District: 1 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 164, 165, 166, 167, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 238, 239, 240, 241, 242 Tract: 1104. Block(s): 241A, 242, 243, 244, 252, 257 Tract: 1107. Block(s): 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, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 215A, 218A, 220A, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235A

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District: 2 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 108A, 109, 110, 111, 112, 113A, 147, 148, 149 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, 229, 230, 234A, 235A, 248, 249 District: 3 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1104. Block(s): 226, 227, 228, 231, 232, 233, 245, 246, 247, 250, 251, 253, 254, 255, 256 District: 4 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 114A, 130A, 131, 132A, 133A, 134A, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 168, 169, 170, 171, 172, 173, 174, 175, 201, 202, 203, 204, 205, 206, 207, 208, 209, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233 District: 5 WALTON COUNTY VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1103. Block(s): 176, 177, 178A, 234, 235, 236, 237, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 303A, 305, 306A, 307, 308, 309, 310A, 311, 312, 313A District: 6 WALTON COUNTY

Page 3538

VTD: 0419 MONROE AND BLASINGAME (Part) Tract: 1107. Block(s): 108A, 108B, 109, 110, 111, 112, 113, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 150A, 151, 152, 153, 154, 241A, 242A, 243A District: 7 Districts 1, 2, and 3 combined District: 8 Districts 4, 5, and 6 combined 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 [Illegible Text] 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 election 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 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; (5) Any part of the City of Monroe 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 (6) Any part of the City of Monroe 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

Page 3539

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 in their entirety paragraphs (2) and (3) of subsection (b) of Section 2.03 and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: (2) 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, 2, 4, 5, and 7 who shall serve for terms of four years and until their successors are duly elected and qualified. Such councilmembers shall be elected by a majority of the electors voting in their respective districts. 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 4, District 2, and District 7, respectively, until the expiration of their terms and until their successors have been duly elected and qualified. (3) On the Tuesday next following the first Monday in November, 1997, and every four years thereafter, an election shall be held for the councilmembers from Districts 3, 6, and 8, who shall serve for terms of four years and until their successors are duly elected and qualified. Such councilmembers shall be elected by a majority of the electors voting in their respective districts. Notwithstanding any residency requirement contained in Section 2.04 of this charter, the persons serving as councilmembers for Ward 3, Ward 2, and At-Large Post 2 on the effective date of this section shall continue to serve and represent District 3, District 6, and District 8, respectively, until the expiration of their terms and until their successors are duly elected and qualified. SECTION 4 . Said Act is further amended by striking Section 5.01 in its entirety and inserting in lieu thereof a new Section 5.01 to read as follows: SECTION 5.01. Regular Elections. Time for Holding and Taking Office. Be it further enacted, that the regular election for mayor and councilmembers, or for certain councilmembers as the case may be, shall be held on the Tuesday next following the first Monday in November, 1995, and on such day biennially thereafter pursuant to the staggered terms set forth in Article II of this charter. Run-off elections, if required, shall be held in conformity with the procedures and requirements of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' as it now exists or is hereafter amended

Page 3540

Officials elected at any regular election shall take office on the first day of January following such election. No term of office to which a person has been elected prior to the 1995 election shall be shortened or lengthened except pursuant to procedures established by state law. 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 Monroe to submit this Act to the United States Attorney General for 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 1995 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. This 31st day of January, 1995. Honorable Len Walker Representative, 87th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, 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 Walton Tribune, which is the official organ of Walton County, on the following date: February 8, 1995. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 10th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

Page 3541

TALBOT COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES; BENEFITS. No. 24 (House Bill No. 317). AN ACT To amend an Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabilities, approved April 5, 1993 (Ga. L. 1993, p. 4710), so as to provide for the compensation of members of the board of education; to provide for the reimbursement of expenses incurred by members of the board for travel outside of the county; to authorize members of the board to participate in group insurance plans; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabilities, approved April 5, 1993 (Ga. L. 1993, p. 4710), is amended by adding at the end of Section 4 a new subsection (c) to read as follows: (c) Each member of the Board of Education of Talbot County shall be compensated in the amount 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. In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside Talbot County on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior to such travel. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the O.C.G.A. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1995 Session of the General Assembly of Georgia a bill to amend an Act reconstituting the Talbot County Board of Education so as to provide for compensation of board members, reimbursement of expenses of board members, and for participation by board members in health insurance plans; to provide for other matters relative thereto; and for other purposes. This 13th day of December, 1994. John R. Terry Superintendent Talbot County Board of Education 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 137th 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 5, 1995. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF LEXINGTON MAYOR AND COUNCIL; TERMS; ELECTIONS. No. 25 (House Bill No. 853). AN ACT To amend an Act creating a new charter for the City of Lexington, approved April 17, 1973 (Ga. L. 1973, p. 2779), as amended, so as to change the terms of office of the mayor and members of the council; to change the provisions relating to elections; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . An Act creating a new charter for the City of Lexington, approved April 17, 1973 (Ga. L. 1973, p. 2779), as amended, is amended by striking Section 2.03 of said Act and inserting in lieu thereof a new Section 2.03 to read as follows: SECTION 2.03. Election of mayor and councilmembers. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. (b) Beginning in 1995 and continuing thereafter, an election shall be held once every two years in said city at such place or places as may be designated by the mayor and council on the Tuesday next following the first Monday in November. (c) The mayor and councilmembers of the City of Lexington shall be elected by vote of the entire city. SECTION 2 . Said Act is further amended by striking Section 2.04 of said Act and inserting in lieu thereof a new Section 2.04 to read as follows: SECTION 2.04. Terms of office. The terms of office for mayor and councilmembers shall begin on the first day of January of the year next succeeding their election and shall continue for two years and until their successors are elected and qualified. The mayor and councilmembers shall be installed in office by taking and subscribing to the following oath: `I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilmember (as the case may be) of the City of Lexington; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof.' The mayor elect and councilmembers elect shall be installed in office on the first day of January. If the first day of January should fall on Sunday, or if any such officer shall fail to be installed on that day, such installation shall take place as soon thereafter as practicable. SECTION 3 . Said Act is further amended by striking Section 5.01 of said Act and inserting in lieu thereof a new Section 5.01 to read as follows:

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SECTION 5.01. Regular elections. Time for holding and taking office. The regular election for mayor and city councilmembers shall be held on the Tuesday next following the first Monday in November of each odd-numbered year. Officials elected at any regular election shall take office on the first day of January next following such election. SECTION 4 . Section 2 of this Act shall become effective on January 1, 1996, and shall apply to all terms of office beginning on or after such date. The remaining sections of this Act shall become effective upon its approved 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 1995 session of the General Assembly of Georgia a bill to provide for year trms for the amyor and council of City of Lexington and for other purposes. This 10th day of February, 1995 David R. Montgomery Mayor, City of Lexington GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the following date: February 16, 1995. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 22nd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

Page 3545

HENRY COUNTY TREASURER; OFFICE ABOLISHED. No. 26 (House Bill No. 307). AN ACT To amend an Act providing for the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga. L. 1921, p. 502), as amended, so as to abolish the office of treasurer of Henry County; to provide for the transfer of powers, duties, and authority of such office and the delivery of all money, books, papers, and property of such office to the governing authority of Henry County; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga. L. 1921, p. 502), as amended, is amended by adding a new section immediately following Section 1, to be designated Section 1A, to read as follows: SECTION 1A. (a) Pursuant to the authority provided for under subsection (b) of Code Section 36-6-1 of the O.C.G.A., the office of treasurer of Henry County is abolished effective upon the expiration of the current elected term of office of the county treasurer on December 31, 1996. If such office becomes vacant for any reason prior to December 31, 1996, no person filling such vacancy for the remainder of such unexpired term of office shall serve beyond December 31, 1996. No person shall be elected at the November general election in 1996 or thereafter to fill such office. (b) Upon the abolishment of such office, all powers, duties, and authority formerly exercised by the county treasurer shall be transferred to the governing authority of Henry County. The members of such governing authority shall not be entitled to receive any of the compensation or fees to which the county treasurer was entitled for the performance of such powers, duties, and authority. (c) Upon the abolishment of such office, all money, books, papers, and property of such office shall be delivered to the governing authority of Henry 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing for

Page 3546

the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga. L. 1921, p. 502), as amended, so as to abolish the office of treasurer of Henry County; to provide for the transfer of powers, duties, and authority of such office and the delivery of all money, books, papers, and property of such office to the governing authority of Henry County; to provide for all related matters; and for other purposes. This 9th day of January, 1995. Larry Smith Representative District 109 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 109th 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 13, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 20th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. WASHINGTON WILKES PAYROLL DEVELOPMENT AUTHORITY PROJECTS; UTILITY SYSTEMS; TRANSPORTATION; EMINENT DOMAIN. No. 27 (House Bill No. 854). AN ACT To amend an Act creating the Washington Wilkes Payroll Development Authority, approved March 3, 1962 (Ga. L. 1962, p. 2635), so as to change the definition of the term project to include the acquisition of land for the construction and operation of utility systems and for transportation purposes in connection with industry, commerce, and agriculture; to authorize the authority to condemn property for the purpose of constructing roads, bridges, or rail lines; 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 Washington Wilkes Payroll Development Authority, approved March 3, 1962 (Ga. L. 1962, p. 2635), is amended by striking in its entirety subsection (b) of Section 3 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The word `project' shall be deemed to mean and include the acquisition of lands, properties, and improvements for development, expansion, and promotion of jobs and payroll in industry, commerce, agriculture, and natural resources; the acquisition of lands, properties, and improvements for the construction and operation of electric, gas, water, telecommunications, or other utility systems and for the construction of roads, bridges, or rail lines to connect existing or future industrial, commercial, or agricultural buildings, plants, or facilities to highways, rail lines, or other modes of transportation to facilitate the receipt of raw materials and the shipping of products and goods; and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing, or renting such structures or equipment to private persons, firms, or corporations. SECTION 2 . Said Act is further amended by adding at the end of Section 6 a new paragraph (m) to read as follows: (m) To condemn property in the City of Washington or Wilkes County for present or future use for the purpose of constructing and operating electric, gas, water, telecommunications, or other utility systems and constructing roads, bridges, or rail lines for transportation purposes as deemed necessary by the authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter 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 hereby given that there will be introduced at the regular 1995 session of the General ASsembly of Georgia, a bill to provide for the expanson of the authorized purposes and powers of the Wahsington-Wilkes Payroll Development Authority to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 13th day of January, 1995. Tom McCall Representative, 90th District
Page 3548

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter, which is the official organ of Wilkes County, on the following date: February 16, 1995. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. WILKES COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 28 (House Bill No. 855). AN ACT To amend an Act making provisions for the Magistrate Court of Wilkes County, approved March 21, 1984 (Ga. L. 1984, p. 4559), so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Wilkes County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act making provisions for the Magistrate Court of Wilkes County, approved March 21, 1984 (Ga. L. 1984, p. 4559), is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) The chief magistrate of the Magistrate Court of Wilkes County shall be elected by the qualified voters of Wilkes County in a nonpartisan primary and election. Except as otherwise provided in this section, the

Page 3549

chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. (b) Beginning with the election held in 1996 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the chief magistrate of the magistrate court, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. (c) Candidates for the office of chief magistrate of the magistrate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. (d) The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of chief magistrate of the magistrate court and shall be the only candidate for such office to have his or her 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. (e) The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party. (f) This section is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. (g) This section shall not affect the term of office of the chief magistrate in office on March 1, 1995, but such chief magistrate shall continue to serve for the remainder of the term to which such person was elected, which term expires on December 31, 1996. 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 1995 session of the General Assembly of Georgia, a bill to provide for the

Page 3550

nonpartisan nomination and election of the Judge of the Magistrates Court of Wilkes County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 13th day of January, 1995. Tom McCall Representative, 90th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Reporter, which is the official organ of Wilkes County, on the following date: February 16, 1995. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. BUTTS COUNTY, CITY OF FLOVILLA, CITY OF JACKSON, AND CITY OF JENKINSBURG WATER AND SEWER AUTHORITY BOND MATURITIES. No. 29 (House Bill No. 302). AN ACT To amend the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5457), as amended, so as to change the provisions relating to bond maturities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5457), as amended, is amended by striking 30 years and inserting 40 years in Section 5 thereof so that when so amended Section 5 shall read as follows:

Page 3551

SECTION 5. 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 purposes 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 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. 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 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 1995 session of the General Assembly of Georgia a bill to amend the Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5457), as amended; and for other purposes. This 9th day of January, 1995. Representative Larry Smith 109th 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 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3552

the Jackson Progress-Argus, which is the official organ of Butts County, on the following date: January 11, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 20th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. WILKES COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 30 (House Bill No. 857). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Wilkes County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Wilkes County shall be elected by the qualified voters of Wilkes 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 election laws of Georgia. SECTION 2 . Beginning January 1, 1996, 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 . A candidate for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her name placed on the primary ballot by

Page 3553

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 or her 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 name of all candidates for the office of judge of the probate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the Judge of the Probate Court of Wilkes County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 9th day of February, 1995. Tom McCall, Representative, 90th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3554

the News-Reporter, which is the official organ of Wilkes County, on the following date: February 16, 1995. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF EPHESUS MAYOR AND COUNCIL; COMPENSATION; POSTS; ELECTIONS. No. 31 (House Bill No. 764). AN ACT To amend an Act incorporating the City of Ephesus, approved March 3, 1964 (Ga. L. 1964, p. 2325), so as to provide that the compensation of the mayor and members of the city council shall be fixed by the city council; to provide that candidates for city council shall designate the council post they are seeking; to provide designations for city council posts; to conform the provisions of the charter relating to elections to 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 incorporating the City of Ephesus, approved March 3, 1964 (Ga. L. 1964, p. 2325), is amended by striking in its entirety Section 6 and inserting in lieu thereof a new section to read as follows: SECTION 6. (a) The city council shall fix compensation for the recorder in an amount they deem wise. (b) The mayor and members of council shall be reimbursed for actual expenses incurred on official business of the city. (c) The city council shall fix the compensation for the mayor and members of the city council as they deem wise, subject to the provisions of O.C.G.A. Section 36-35-4 and other provisions of law.

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SECTION 2 . Said Act is further amended by striking in its entirety Section 7 and inserting in lieu thereof a new section to read as follows: SECTION 7. (a) In each general city election, the qualified voters of the entire city shall elect a mayor, five members of the city council, and a recorder. The elected officials shall take office on the first day of January in the year following the year in which they are elected for terms of four years and until their respective successors are elected and qualified. (b) Beginning with the general city election in 1995, each person qualifying as a candidate for city council shall designate the number of the council post which he or she is seeking, and each candidate shall be permitted to qualify for election to only one council post. Candidates for city council shall be elected city wide. The council post held on the effective date of this Act by Ralph Cates or a person elected to fill a vacancy in such post shall be designated Council Post # 1; the council post held on the effective date of this Act by Hershel Parmer or a person elected to fill a vacancy in such post shall be designated Council Post # 2; the council post held on the effective date of this Act by Wayne Prince or a person elected to fill the vacancy in such post shall be designated Council Post # 3; the council post held on the effective date of this Act by J. Tony Rogers or a person elected to fill the vacancy in such post shall be designated Council Post # 4; and the council post held on the effective date of this Act by Robert Vance or a person elected to fill the vacancy in such post shall be designated Council Post # 5. (c) The city council shall appoint an election superintendent and fix qualifying fees in accordance with the provisions of the Georgia Municipal Election Code. The dates for qualifying shall be fixed in accordance with the provisions of the Georgia Municipal Election Code. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act incorporating the city of Ephesus, approved March 3, 1964 (GA. L. 1964, p. 2325), so as to provide that the compensation of the mayor and members of the city council shall be fixed by the city council; to provide that candidates for city council shall designate the council post they are seeking; to provide designations for city council posts; to conform the provisions of the charter

Page 3556

relating to elections to the Georgia Municipal Election Code; to provide for related matters; to repeal conflicting laws; and for other purposes. This 19th day of January, 1995. s/Donna S. Brooks Representative, 103rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donna S. Brooks, who, on oath, deposes and says that she is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Banner, which is the official organ of Heard County, on the following date: January 25, 1995. /s/ Donna S. Brooks Representative, 103rd District Sworn to and subscribed before me, this 1st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. ROCKDALE COUNTY BOARD OF COMMISSIONERS; PURCHASES; ADVERTISEMENTS. No. 32 (House Bill No. 858). AN ACT To amend an Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), is amended by striking in its entirety Paragraph (19) of Section 10 and inserting in lieu thereof the following:

Page 3557

(19) To make purchases in amounts of $5,000.00 or more; provided, however, that for any purchases in such amounts, advertisements for bids shall first be published once a week for four consecutive weeks in the official organ of Rockdale County. Formal sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. The purchase shall be made from the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery. Advertisement and the obtaining of formal bids may be dispensed with when, in the discretion of the board of commissioners, an emergency exists which will not permit a delay; provided, however, that any contract let pursuant to such an exemption because of an emergency shall be entered, as soon as practicable, on the minutes of the board of commissioners, and the nature of the emergency shall be described therein. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (GA. L. 1977, p. 2817), as amended; and for other purposes. This 15 day of Feb., 1995. Mike Crotts Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara J. Bunn, who, on oath, deposes and says that she is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3558

published in the Rockdale Citizen, which is the official organ of Rockdale County, on the following date: February 15, 1995. /s/ Barbara J. Bunn Representative, 74th District Sworn to and subscribed before me, this 22nd day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. ROCKDALE COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 33 (House Bill No. 809). AN ACT To amend an Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by adding immediately after Section 2 a new Section 2.1 to read as follows: SECTION 2.1. Pursuant to the authority of Code Section 15-10-86 and Chapter 15 of Title 36 of the O.C.G.A., law library fees shall be charged and collected in each action or case in the Magistrate Court of Rockdale County. The amount of such fees shall be fixed by the chief judge of the Superior Court of Rockdale County as provided for in Code Section 36-15-9 of the O.C.G.A. Such fees shall be in addition to all other legal costs. 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 3559

LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended; and for other purposes. This 3rd day of January, 1995. Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara J. Bunn, who, on oath, deposes and says that she is Representative from the 74th 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 10, 1995. /s/ Barbara J. Bunn Representative, 74th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. CHATHAM COUNTY RECREATION AUTHORITY AND GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY ACT REPEALED. No. 34 (House Bill No. 829). AN ACT To repeal an Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority, approved March 29, 1994 (Ga. L. 1994, p. 4329); to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority, approved March 29, 1994 (Ga. L. 1994, p. 4329), is repealed in its entirety.

Page 3560

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 1995 session of the General Assembly of Georgia a bill to repeal an Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority; approved March 29, 1994 (Ga. L. 1994, p. 4329); and for other purposes. This 2nd day of February, 1995. Representative Tom Bordeaux 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas C. Bordeaux, Jr., 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 Savannah Morning News/Savannah Evening Press, which is the official organ of Chatham County, on the following date: February 7, 1995. /s/ Thomas C. Bordeaux, Jr. Representative, 151st District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. GORDON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 35 (House Bill No. 775). AN ACT To amend an Act creating the office of Commissioner of Gordon County (now the Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, so as to change the provisions relating to the compensation of the chairperson and members of the board

Page 3561

of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the office of Commissioner of Gordon County (now the Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended, is amended by striking subsection (a) of Section 13 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each member of the board of commissioners, other than the chairperson, shall be compensated in the amount of $500.00 per month. The chairperson of the board of commissioners shall be compensated in the amount of $600.00 per month. Such compensation shall be paid from the funds of Gordon County. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Gordon County (now the Board of Commissioners of Gordon County), approved March 21, 1974 (Ga. L. 1974, p. 2522), as amended; and for other purposes. This 6th day of February, 1995. Tom E. Shanahan State Representative, 10th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Shanahan, 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

Page 3562

the Calhoun Times, which is the official organ of Gordon County, on the following date: February 11, 1995. /s/ Tom Shanahan Representative, 10th District Sworn to and subscribed before me, this 13th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. PIKE COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 36 (House Bill No. 848). AN ACT To amend an Act creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4586), so as to reapportion the board of commissioners; to provide new commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to 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 creating a board of commissioners of roads and revenues for the County of Pike, approved March 17, 1870 (Ga. L. 1870, p. 447), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4586), is amended by striking in its entirety subsection (d) of Section 2 and inserting in lieu thereof the following: (d)(1) For the purpose of electing the four members of the board of commissioners who are elected from districts, Pike County shall be divided into four commissioner districts as follows: Commissioner District: 1 PIKE COUNTY VTD: 1401 CONCORD (Part) Tract: 9803.

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Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110, 111, 112, 113A, 113B, 120, 133, 134, 135, 136A, 136B, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150A, 150B, 151, 152, 153, 154, 155, 159, 160, 161, 166, 170, 174, 175, 176, 177 VTD: 1402 HOLLONVILLE (Part) Tract: 9802. Block(s): 162, 163, 165, 171, 188, 189, 190 VTD: 1404 MOLENA (Part) Tract: 9803. Block(s): 201, 224, 227 VTD: 1406 SPRINGS (Part) Tract: 9804. Block(s): 206, 207, 208, 209, 210 VTD: 1407 WILLIAMSON (Part) Tract: 9801. Block(s): 229 VTD: 1408 ZEBULON (Part) Tract: 9801. Block(s): 235A, 240A, 241A, 242, 243A, 244A, 244B, 245, 246, 264, 269, 270, 283, 289, 290, 291, 292, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308A, 308B, 309, 310, 311A, 311B, 312, 313, 314, 315, 316, 317, 318, 319, 320B, 321B, 325, 326, 329, 335, 336, 337, 338A, 338B, 338C, 339, 340A, 340B, 341, 342, 343, 344A, 344B, 345A, 345B, 346, 347, 348, 349A, 349B, 349C, 353, 354, 355, 356, 357, 358, 360, 361, 362, 363, 364 Tract: 9804. Block(s): 204, 205 Commissioner District: 2 PIKE COUNTY VTD: 1401 CONCORD (Part) Tract: 9803. Block(s): 109A, 114, 115, 116, 117, 118, 119, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 156, 157,

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158A, 158B, 162A, 162B, 163A, 163B, 164A, 164B, 165, 167, 168, 169A, 169B, 171, 172, 173, 178 VTD: 1402 HOLLONVILLE (Part) Tract: 9802. Block(s): 160, 172, 173, 175, 178, 182, 183, 184, 185, 186, 187, 191, 192, 193 VTD: 1404 MOLENA (Part) Tract: 9803. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 225, 226, 228, 229, 230, 231, 232, 233A, 233B, 234A, 234B, 235, 236A, 236B, 237A, 237B, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 252A, 252B, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281A, 281B, 282A, 282B, 283, 284, 285A, 285B, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 1406 SPRINGS (Part) Tract: 9804. Block(s): 202, 211, 212, 213, 214, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 240, 241, 242, 243, 244 VTD: 1408 ZEBULON (Part) Tract: 9801. Block(s): 293, 294, 295, 320A, 321A, 322, 323, 324, 327, 328, 330, 331, 332, 333, 334, 350, 351, 352A, 352B, 359, 366, 367, 368 Tract: 9804. Block(s):201A, 201B, 203 Commissioner District: 3 PIKE COUNTY VTD: 1403 MEANSVILLE VTD: 1405 SECOND (Part) Tract: 9801.

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Block(s): 145, 148, 149, 158, 159, 160, 161, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 173, 174, 175, 176, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 247, 249, 251, 252, 253, 254, 255, 256, 257 VTD: 1406 SPRINGS (Part) Tract: 9804. Block(s): 217, 218, 219, 220, 221, 232, 233, 234, 235, 236, 237, 238, 239 VTD: 1408 ZEBULON (Part) Tract: 9801. Block(s): 235B, 236, 237, 238, 239, 240B, 241B, 243B, 248, 250, 258, 259, 260, 261, 262, 263, 265, 266, 267, 268, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 286, 287, 288 Commissioner District: 4 PIKE COUNTY VTD: 1402 HOLLONVILLE (Part) Tract: 9802. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 151, 152, 153, 154, 155, 156, 157, 158, 159, 161, 174, 176, 177, 179, 180, 181, 194, 195, 196, 197 VTD: 1405 SECOND (Part) Tract: 9801. 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, 140, 141, 142, 143, 144, 146, 147, 150, 151, 152, 153, 154, 155, 156, 157, 167, 177, 211, 212, 213, 233, 234, 296, 297 VTD: 1407 WILLIAMSON (Part) Tract: 9801. Block(s): 136, 137, 138, 139, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 231, 232 Tract: 9802. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106A, 106B, 107A, 107B, 108, 109, 110, 130, 131A, 131B, 132,

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133, 134, 135, 136, 137, 138A, 138B, 139, 140A, 140B, 141, 142, 143, 144, 145A, 145B, 146, 147, 148, 149, 150, 164, 166, 167, 168, 169, 170 (2) For purposes of this section: (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 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 decennial census of 1990 for the State of Georgia shall control; (D) Any part of Pike 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 (E) Any part of Pike 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 their entirety subsections (a) and (b) of Section 3 and inserting in lieu thereof the following subsections: (a) The present members of the board of commissioners of Pike County shall continue to serve out the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. (b)(1) In the general election in 1996, a new chairperson and new members to represent commissioner districts 3 and 4 shall be elected.

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Such members shall take office on January 1, 1997, and shall serve terms of four years and until their successors are elected and qualified. (2) In the general election in 1998, new members to represent commissioner districts 1 and 2 shall be elected. Such members shall take office on January 1, 1999, and shall serve 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 governing authority of Pike County to require the attorney of the governing authority 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 1996, 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 local legislation will be introduced by Representative Robert M. Crawford in the 1995 Session of the General Assembly of Georgia for the purpose of making changes in the Pike County Commission district lines; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 6th day of February, 1995. Robert M. Crawford Representative 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3568

published in the Pike County Journal and Reporter, which is the official organ of Pike County, on the following date: February 8, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 15th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. TAYLOR COUNTY BUILDING AUTHORITY CREATION. No. 37 (House Bill No. 811). AN ACT To create and establish the Taylor County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia; to authorize the Authority to acquire, construct, equip, maintain, and operate self-liquidating projects, including buildings and facilities for use by Taylor County for its governmental, proprietary, and administrative functions; to authorize Taylor County to lease or sell lands and buildings to the Authority; to provide for the appointment of members of the Authority; to define certain terms and words; to confer powers and impose duties on the Authority; to grant limitations to the Authority; to authorize the Authority and Taylor County to enter into contracts and leases pertaining to uses of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of Taylor County, within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I, shall be incurred by the exercise of any of the powers granted; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, and earnings and other functions of the Authority to pay the costs of such project; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Authority exempt from taxation; to provide the right and power for the Authority to condemn property of every kind and character; to authorize the issuance of revenue-refunding bonds; to provide for the validation of such bonds and to fix the venue for jurisdiction of actions relating to any provision of this Act; to exempt the property and income of

Page 3569

the Authority from taxation; to provide for the Authority immunity and exemption from liability for torts and negligence; to provide that the property of the Authority shall not be subject to levy and sale; to provide that this Act shall be liberally construed; to define the scope of the Authority's operation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Taylor County Building Authority created. There is created a public body corporate and politic to be known as the Taylor County Building Authority, herein called the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire, construct, and equip self-liquidating projects, including, but not limited to, buildings, sanitary and surface water sewers, streets, roads and public facilities of every nature, type and character, for use by Taylor County for its governmental, proprietary, public, and administrative functions, and Taylor County is granted the right and power by proper resolution of its governing authority to sell or lease to the Authority lands and buildings owned by it. The Authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, having distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the Georgia State Financing and Investment Commission Act. The Authority shall have its principal office in Taylor County, and its legal situs or residence for the purposes of this chapter shall be Taylor County. SECTION 2 . Membership. The Authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the governing authority of Taylor County. The members of said governing authority of the county shall be eligible to be elected to and serve on the Authority. The members of the Authority shall hold office for terms of four years and until their successors shall have been elected; provided, however, that of the original members elected to the Authority three shall be elected to terms of one year each and two shall be elected to terms of three years. Upon the expiration of each of such initial terms, the successors shall be elected for terms of four years. Any vacancy on the Authority shall be filled for the unexpired term by the governing authority of Taylor County. Immediately after their election, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairperson and one as Vice-Chairperson. The members of the Authority shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily be

Page 3570

members of the Authority. Three members of the Authority shall constitute a quorum and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. Members of the Authority who are not members of the governing authority of Taylor County shall be compensated at such rate as determined by the governing authority of Taylor County. All members of the Authority may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and shall have perpetual existence. SECTION 3 . Definitions. As used in this Act, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (1) The word Authority shall mean the Taylor County Building Authority created by this Act. (2) The word project shall mean and include real and personal property acquired or held by the Authority for one or a combination of two or more of the following undertakings: buildings and facilities intended for use as a county courthouse, jail, police department, fire department, administrative services, governmental offices, communications services, proprietary and utility offices, stadia, auditorium and sports, park, and recreational facilities, parking facilities, streets, roads and rights of ways sanitary and surface water sewers, urban redevelopment projects, and facilities for fairs and exhibitions and events of all types and character, and all buildings and facilities of every kind and character, determined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Taylor County, or of the State of Georgia in the performance of its governmental, proprietary, and administrative functions. (3) The term cost of project shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specification, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation.

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(4) The term revenue bonds shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and under the provisions of this Act. The obligations authorized under this Act may be issued by the Authority in the manner authorized under the Revenue Bond Law. SECTION 4 . Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing, it shall have the power: (1) To sue and be sued; (2) To adopt and alter a corporate seal; (3) To make and execute with public and private persons and corporations contracts, leases, rental agreements, and other instruments relating to its projects and incident to the exercise of the powers of the Authority, including contracts for constructing, renting, and leasing of its projects for the use of Taylor County; and, without limiting the generality of the foregoing, authority is specifically granted to Taylor County to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years; and Taylor County may enter into lease contracts and related agreements for the use of any structure, building, or facility, or a combination of two or more structures, buildings, or facilities of the Authority for a term not exceeding 50 years upon a majority vote of its governing body and may obligate itself for the use of such property so leased and also obligate itself as a part of the undertaking to pay debt service incurred in connection with such property, and to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; and the sums agreed to be paid under the provisions of such lease contracts or related agreements may be pledged or assigned to secure the payment of revenue bonds issued hereunder; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the O.C.G.A., relating to proceedings before a special master, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as

Page 3572

its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority. Title to any such property shall be held by the Authority exclusively for the benefit of the public. The Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance. If the Authority shall deem it expedient to construct any project on lands which are subject to the control of Taylor County, the governing authority of Taylor County is authorized to convey such lands to the Authority for such consideration, not exceeding reasonable value, as may be agreed upon by the Authority, as Grantee, and by such governing authority, on behalf of Taylor County, as Grantor, taking into consideration the public benefit to be derived from such conveyance; (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the Authority; (7) To appoint and select, agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contributions, all of which the Authority is authorized to receive, accept, and use to prescribe rules and regulations for the operation of and to exercise police powers over the project or projects managed or operated by the Authority; (9) To accept, receive, and administer gifts, grants, loan and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose;

Page 3573

(10) To borrow money for any of its corporate purposes; and to issue revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (12) Pursuant to proper resolution of the Authority to issue revenue bonds payable from the rents and revenues of the Authority and its projects, to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Authority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the Authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities, and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the Authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the Authority shall be deemed to be a political subdivision of the State of Georgia. SECTION 5 . Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or Taylor County; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the Authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment

Page 3574

of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said county nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, said county may obligate itself to pay the amounts required under any contract entered into with the Authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. SECTION 6 . Trust agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and convenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies

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of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. SECTION 7 . Refunding bonds. The Authority is authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such oustanding bonds. SECTION 8 . Venue of actions, jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the Authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Taylor County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions. SECTION 9 . Revenue bond validation. The petition for validation of all bonds of the Authority shall be brought against the Authority and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Taylor County in which court such validation proceedings shall be initiated. SECTION 10 . Interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or

Page 3576

agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority shall be created which will compete with the Authority so as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. SECTION 11 . Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the Authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; (6) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.

Page 3577

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

Page 3578

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

Page 3579

herein; and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority. SECTION 17 . Construction. This Act and any other law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. SECTION 18 . Scope of operations. The scope of the Authority's operation shall be limited to the territory embraced within the boundaries and limits of Taylor County as the same now or may hereafter exist. SECTION 19 . Conveyance of property upon dissolution. Should the Authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Taylor County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. SECTION 20 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 21 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill creating the Taylor

Page 3580

County Building Authority conferring powers and imposing duties on said Authority, and for other purposes. This 26th day of January, 1995. BOARD OF COMMISSIONERS OF TAYLOR COUNTY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News, which is the official organ of Taylor County, on the following date: February 2, 1995. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 17th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. DAWSON COUNTY BOARD OF EDUCATION; DISTRICTS; ELECTIONS. No. 38 (Senate Bill No. 177). AN ACT To amend an Act providing for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, so as to change the number of and reapportion the education districts for the election of members of the board of education; to provide for the manner of electing members of the board of education; to provide for submission 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: SECTION 1 . An Act providing for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529), as amended, is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows:

Page 3581

SECTION 2 . (a) For the purpose of electing members of the Board of Education of Dawson County, the Dawson County School District shall be divided into four education districts as follows: Education District: 1 DAWSON COUNTY VTD: 0010 AMICALOLA VTD: 0050 PUROYS VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 101, 102, 103, 104B, 105B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137B, 143C, 144, 165, 166, 167, 168, 169, 170, 171, 172B, 173B, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 202, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 269, 270, 271, 272 Education District: 2 DAWSON COUNTY VTD: 0030 DAWSONVILLE (Part) Tract: 9701. Block(s): 188A, 189, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 229, 230, 231A, 231B, 232A, 232B, 233A, 233B, 234A, 234B, 235A, 235B, 236A, 236B, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253A, 253B, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258B, 259, 260, 261, 262 Tract: 9702. Block(s): 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 119, 129, 130, 131, 132, 133, 134, 135, 201, 295, 296, 297 VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 201 Education District: 3 DAWSON COUNTY

Page 3582

VTD: 0040 KILOUGH VTD: 0060 SANFORD Education District: 4 DAWSON COUNTY VTD: 0020 BLACKS VTD: 0030 DAWSONVILLE (Part) Tract: 9701. Block(s): 263, 264, 265, 266, 267, 268 Tract: 9702. Block(s): 117, 118, 120, 121, 122, 123, 156, 157, 202, 203, 204, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 (b) For purposes of subsection (a) 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 the Dawson County School District which is not included in any education district described in subsection (a) of 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 Dawson County School District which is described in subsection (a) of this section as being included in a particular

Page 3583

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) One member of the board of education may reside anywhere within the Dawson County School District, shall be elected by the voters of the entire Dawson County School District, and shall be designated as the member representing the school district at large. One member shall be elected from each of the four education districts provided for in subsection (a) of this section, but each of such members shall be elected by the voters of the entire Dawson County School District. In order to be eligible for election from an education district, a candidate therefor must reside within the education district from which he or she offers as a candidate. SECTION 2 . Said Act is further amended by striking Section 3 of said Act in its entirety. SECTION 3 . Said Act is further amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. The members of the Board of Education of Dawson County who are in office on February 1, 1995, shall continue to serve as such for the remainder of their unexpired terms for which they were elected. The members serving on such date from former Posts 1 through 5 are designated as members representing new districts or the school district at large as follows: Old Post New Education District 1 1 2 School district at large 3 2 4 4 5 3 Successors to such members representing the school district at large, Education District 1, and Education District 4 shall be elected at the November general election in 1996. Successors to such members representing Education District 2 and Education District 3 shall be elected in the November general election in 1998. All members shall take office on the first day of January immediately following the date of their election and shall have terms of office of four years each and until their respective successors are elected and qualified.

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SECTION 4 . It shall be the duty of the Board of Education of Dawson County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 5 . Section 4 and this section of this Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 1996, solely for the purpose of conducting elections in 1996, for those members of the board of education whose terms expire on December 31, 1996, and for all purposes on January 1, 1997. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing for an elected Board of Education of Dawson County, approved March 23, 1977 (Ga. L. 1977, p. 3529, as amended;) and for other purposes. This 16th day of January, 1995. Lloyd Harben GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Middleton, 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 Dawson County Advertiser, which is the official organ of Dawson County, on the following date: January 19, 1995. /s/ Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 24th day of January, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995.

Page 3585

UPSON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 39 (House Bill No. 846). AN ACT To amend an Act increasing the compensation of the chairperson and members of the board of commissioners of Upson County, approved March 26, 1964 (Ga. L. 1964, p. 3235), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2847) so as to provide for a range of compensation for the chairperson and members of the board of commissioners of Upson County; 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 increasing the compensation of the chairperson and members of the board of commissioners of Upson County, approved March 26, 1964 (Ga. L. 1964, p. 3235), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2847), is amended by striking in their entirety Sections 1 and 2 and inserting in lieu thereof the following: SECTION 1. The members of the board of commissioners of Upson County are authorized to fix the compensation of the chairperson of the board of commissioners by majority vote at a sum no lower than $500.00 per month and no greater than $1,000.00 per month. SECTION 2. The members of the board of commissioners of Upson County are authorized to fix the compensation of the members of the board other than the chairperson by majority vote at a sum no lower than $300.00 per month and no greater than $750.00 per month. 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 local legislation will be introduced by Representative Mack Crawford in the 1995 Session of the General Assembly of Georgia for the purpose of increasing the compensation of the Board of Commissioners of Upson County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes

Page 3586

and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times, which is the official organ of Upson County, on the following date: January 4, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 15th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. BUTTS COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 40 (House Bill No. 872). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Butts County; to provide for terms of office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . At the state-wide primary and November general election conducted in 1996 and every four years thereafter, the judge of the Probate Court of Butts County shall be nominated and elected by the qualified voters of Butts County in a nonpartisan primary and election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan

Page 3587

nomination and election of the judge of the Probate Court of Butts County; and for other purposes. This 13th day of February, 1995. Larry Smith Representative 109th 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 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus, which is the official organ of Butts County, on the following date: February 15, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF WAYCROSS CORPORATE LIMITS. No. 41 (House Bill No. 865). 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 1, 1994 (Ga. L. 1994, p. 4533), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4533), is amended by adding at the end of Section 3 thereof new paragraphs (8) and (9) to read as follows: (8) All that tract or parcel of land situate, lying and being in Ware County, Georgia, and known as Lots 12, 13, 14, 15, 16, and 17 of Block

Page 3588

`G' of Satilla Terrace Subdivision of Ware County, Georgia, as per plat of survey recorded in Plat Book `A', Page 157, in the office of the Clerk of the Superior Court of Ware County, Georgia, and known as 305 Lisbon Drive, Waycross, Georgia. (9) The entire right of way of Alice Street extending northerly from the existing corporate limits of the City of Waycross a distance of 1278 feet to the intersection of Alice Street and Lisbon Drive. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATURE Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill 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 1, 1994 (Ga. L. 1994, p. 4533), so as to annex certain property into the City of Waycross at the request of the property owner; and for other purposes. This 18th day of February, 1995. Representative Harry D. Dixon 168th 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 168th 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 18, 1995. /s/ Harry D. Dixon Representative, 168th District Sworn to and subscribed before me, this 23rd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

Page 3589

TAYLOR COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 42 (House Bill No. 814). AN ACT To create the Taylor 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, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, 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 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 Taylor County or any municipality in Taylor County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act 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 Taylor County Water and Sewerage Authority Act.

Page 3590

SECTION 2 . Taylor County Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the Taylor 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. (b) The membership of the authority shall be made up of the following members, all of whom shall be residents of Taylor County, Georgia: The water and sewerage authority shall be composed of seven members who shall be appointed by the governing authority of Taylor County as set out in this Act. Members of the governing authority shall be qualified to serve on the water and sewerage authority. Within 30 days after the approval of this Act, it shall be the duty of said governing authority to appoint the membership of the water and sewerage authority. Immediately after such appointments, the members of such water and sewerage authority shall enter upon their duties. The water and sewerage authority shall be composed of seven posts to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, Post No. 6, and Post No. 7. The term of each member shall be six years and until a successor is appointed and qualified, except that the initial terms shall be as follows: the member from Post No. 1 shall be appointed initially for a term which shall expire December 31, 2001, or when his or her successor is appointed and qualified; the member from Post No. 2 shall be appointed for a term which shall expire on December 31, 2000, or when his or her successor is appointed and qualified; the member from Post No. 3 shall be appointed for a term which shall expire on December 31, 1999, or when his or her successor is appointed and qualified; the member from Post No. 4 shall be appointed for a term which shall expire on December 31, 1998, or when his or her successor is appointed and qualified; the member from Post No. 5 shall be appointed for a term which shall expire on December 31, 1997, or when his or her successor is appointed and qualified; the member from Post No. 6 shall be appointed for a term which shall expire on December 31, 1996, or when his or her successor is appointed and qualified; and the member from Post No. 7 shall be appointed for a term which shall expire on December 31, 1995, or when his or her successor is appointed and qualified. Successors shall be appointed by the governing authority of Taylor County. Any member of the authority may be selected and appointed

Page 3591

to succeed himself or herself. 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 the vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (c) The authority shall elect from its members a chairperson and a vice chairperson. The authority shall also elect a secretary and a treasurer or a secretary-treasurer, each of whom 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 water and sewerage authority who are not members of the governing authority of Taylor County shall be compensated at such rate as determined by the governing authority of Taylor 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 in this subsection, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. 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. (e) 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. SECTION 3 . Definitions. As used in this Act, the term: (1) Authority or water and sewerage authority means the Taylor 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

Page 3592

the condemnation of propety 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, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, 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 Taylor County, and additions to, improvements to, extensions of, and the operation and maintenance of same so as to assure an adequate water system, watershed protection and improvement, and flood control and prevention; 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 Taylor 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, small watershed projects, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, and 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, or 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.

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SECTION 4 . Powers. The authority shall have the following 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 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 is 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 Taylor 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, 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,

Page 3594

and highways in the County of Taylor 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 acquisition and 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, 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, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for 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 project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To 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;

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(11) 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 (12) 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 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 payment 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 . Revenue bonds; 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 . Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairperson 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

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shall bear the facsimile signatures of the chairperson 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 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 . Revenue bonds; 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 . Revenue bonds; 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 . 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. SECTION 11 . Revenue bonds; 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 . Revenue bonds; 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

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providing for the issuance of revenue 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 Taylor County or any municipality in Taylor 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 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 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

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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; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to

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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 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 Taylor 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

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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 thereof, if a party to the validation proceedings, contracting with the Taylor County Water and Sewerage Authority. SECTION 21 . Interest of bondholders protected. (a) 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. (b) 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 Taylor County, and the officers, agents, and employees of the authority when in the performance of the work of the

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authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Taylor 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 small watershed project, a project for watershed protection or flood control and prevention, recreational facilities developed in connection therewith, 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 acquired or constructed 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 Taylor County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, small watershed project, project for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, 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.

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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. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 29 . 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 1995 session of the General Assembly of Georgia a bill creating the Taylor County Water and Sewage Authority, confernng powers and imposing duties on said Authority, and for other purposes. This 26th day of January, 1995. BOARD OF COMMISSIONERS OF TAYLOR COUNTY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Skipper, who, on oath, deposes and says that he is Representative from the 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Taylor County News, which is the official organ of Taylor County, on the following date: February 2, 1995. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 17th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF ROSWELL HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 43 (House Bill No. 810). AN ACT To provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebtedness in the amount of $20,000.00 of the assessed value of the homestead for residents of the City of Roswell who are 65 years of age or older; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) As used in this section, the term gross income means federal adjusted gross income as defined in the Internal Revenue Code of 1986, as amended, for all sources. (b) Each resident of the City of Roswell who is 65 years of age or older is granted an exemption on that person's homestead from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebtedness in the amount of $20,000.00 of the assessed value of that resident's homestead owned and occupied by said resident within the City of Roswell, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., if the resident's gross income, together with the gross income of such resident's spouse who resides within such household does not exceed $40,000.00 for the immediately preceding taxable year. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.

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SECTION 2 . In accordance with Section 3 of this Act, the governing authority of the City of Roswell or its designee shall provide certificate and application forms for the exemption granted by this Act and shall require with the initial application such other information as may be necessary to determine the eligibility of the owner for the exemption. SECTION 3 . The 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 4 . After any such owner has filed the proper documents and has been allowed the exemption provided in this Act, it shall not be necessary that he or she make application thereafter for any subsequent year; and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Roswell who has claimed the homestead exemption provided for in this Act to notify the governing authority of the City of Roswell or its designee 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 addition to any other homestead exemption from City of Roswell ad valorem taxes. SECTION 6 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1995. SECTION 7 . The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. SECTION 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Roswell 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 Roswell for approval or rejection. The election superintendent shall conduct that election at the next regularly scheduled municipal election date subsequent hereto or such earlier date as may be set by the superintendent in compliance with Code Section 21-3-52 of the O.C.G.A. and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that election. The superintendent shall cause the date and purpose of the election to be published once a week for two

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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 all City of Roswell ad valorem taxes for any city purposes in the amount of $20,000.00 of the assessed value of a resident's homestead for residents of the City of Roswell who are 65 years of age or older? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 of this Act shall become of full force and effect immediately. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Roswell. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 9 . Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill, pursuant to Article VII, Section II, Paragraph II (a)(2) of the Georgia Constitution to provide for homestead exemption for the City or Roswell ad valorem taxes for certain residents of the City of Roswell; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the holding of a referendum; and for other purposes. This 8th day of February, 1995. REPRESENTATIVE THOMAS R. CAMPBELL, JR. 42nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Campbell, who, on oath, deposes and

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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 Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 14, 1995. /s/ Tom Campbell Representative, 42nd District Sworn to and subscribed before me, this 14th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CARROLL COUNTY WATER AUTHORITY REVENUE BONDS. No. 44 (House Bill No. 763). AN ACT To amend an Act known as the Carroll County Water Authority Act, approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2655), so as to increase the permissible amount of outstanding revenue bonds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act known as the Carroll County Water Authority Act, approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2655), is amended by striking from Section 5 the following: a sum not to exceed eight million dollars ($8,000,000.00), and inserting in lieu thereof the following: a sum not to exceed $20 million, so that when so amended, Section 5 shall read as follows: SECTION 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the

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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, in a sum not to exceed $20 million outstanding at any one time of the authority for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special funds 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 8 percent per annum, payable semiannually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. SECTION 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create the Carroll County Water Authority, approved April 6, 1967 (Ga. L. 1967, p. 2861), as amended; and for other purposes. This 3rd day of February, 1995. s/ John Simpson Representative John Simpson 101st 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 101st 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 9, 1995. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 14th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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CITY OF DAWSON MUNICIPAL COURT; CONTEMPT; PENALTY. No. 45 (House Bill No. 909). AN ACT To amend an Act providing a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, so as to change the penalty for contempt in the municipal court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, is amended by striking Section 5-9, relating to the limitation upon the punishment for contempt, in its entirety and inserting in lieu thereof a new Section 5-9 to read as follows: SECTION 5-9. Limitation upon punishment for contempt. The municipal court shall have the power and authority to punish for contempt by fine not exceeding $200.00, or by imprisonment in the city jail or guardhouse not exceeding ten days, either or both, in the discretion of the presiding officer of said court; provided, however, that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. 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 1995 session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Dawson, approved March 21, 1970 (Ga. L. 1970), as amended; and for other purposes. This 20th day of February, 1995. Bob Hanner Representative, District 159 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 159th District, and that the attached

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copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News, which is the official organ of Terrell County, on the following date: February 23, 1995. /s/ Bob Hanner Representative, 159th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. COBB COUNTY STATE COURT; JUDGES; ASSOCIATE JUDGES; COMPENSATION. No. 46 (House Bill No. 919). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4256), so as to change the compensation of the judges of Division 1 and the associate judges of Division 2 of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 14, 1984 (Ga. L. 1984, p. 4256), is amended by striking from Section 23 of Part 1 the following: The salary of the judges of the State Court of Cobb County shall be $82,668.00 per annum., and inserting in lieu thereof the following: The salary of the judges of Division 1 of the State Court of Cobb County shall be $85,975.00 per annum. SECTION 2 . Said Act is further amended by further striking subsection (a) of Section 2-3 of Part 2 and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) The salary of each associate judge shall be $65,630.00 per annum to be paid in equal monthly installments from funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice of 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy J. Sauder, who, on oath, deposes and says that he is Representative from the 29th 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 20, 1995. /s/ Randy J. Sauder Representative, 29th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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MACON-BIBB COUNTY TRANSIT AUTHORITY BOARD; MEMBERSHIP. No. 47 (House Bill No. 932). AN ACT To amend an Act known as the Macon-Bibb County Transit Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, so as to revise the composition of the board of the authority; to provide for the appointment of two new members who shall be consumers of transit services; to provide for length of terms, eligibility for appointment and reappointment, and the filling of vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act known as the Macon-Bibb County Transit Authority Act of 1980, approved March 26, 1980 (Ga. L. 1980, p. 4313), as amended, is amended by striking subsection (a) of Section 2.4 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The governing and administrative body of the authority shall be a board consisting of four members, one of whom shall be a consumer of transit services, appointed by the mayor and confirmed by the city council, and three members, one of whom shall be a consumer of transit services, appointed by the board of commissioners of Bibb County, for a total of seven members. Members of the board appointed by the city shall be residents of the city for the entire term of their appointment and shall be at least 25 years of age. Members of the board appointed by the county shall be residents of the City of Macon or Bibb County for the entire term of their appointment and shall be at least 25 years of age. The five members of the board who are currently serving in office shall continue to serve until the expiration of their terms of office. The two new members, who shall be the consumer members, shall be appointed to take office on June 1, 1995, for terms of office of five years. All members of the board shall serve for terms of office of five years. Members of the board shall be eligible for reappointment. Vacancies on the board, except by expiration of term, shall be filled by appointment for the unexpired term in which the vacancy occurs. 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 1995 session of the General Assembly of Georgia a bill to amend The Macon-Bibb

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County Transit Authority Act of 1980 (Ga. L. 1980, p. 4313 et seq.) by adding to the governing and administrative body of the Authority two members chosen from among the regular riders of transit system buses; to provide for their selection and terms; and for other purposes. DAVID E. LUCAS, Representative, 124th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas, who, on oath, deposes and says that he is Representative from the 124th 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: February 11, 1995. /s/ David E. Lucas Representative, 124th District Sworn to and subscribed before me, this 1st day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. MORGAN COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; COMPENSATION. No. 48 (House Bill No. 944). 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, so as to change the provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. 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, is amended by striking Section 9 of said Act and inserting in lieu thereof a new Section 9 to read as follows:

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SECTION 9. At the first meeting of the board of commissioners in May, 1995, and at the first meeting of the board of commissioners in January of each year, following the election of the chairman of said board, the remaining members of the board shall fix the compensation of the chairman for such calendar year. Such compensation shall be fixed in an amount of not less than $500.00 per month and not more than $2,000.00 per month. If no action is taken at such meeting to fix such compensation, the compensation of the chairman shall be $500.00 per month for the ensuing calendar year. The vice chairman of said board shall receive a salary of $450.00 per month. Each of the other members of the board shall receive a salary of $400.00 per month. In addition thereto, all members shall receive mileage at the rate of 25 per mile for expenses in attending board meetings or otherwise attending to the duties of their office. All expense bills shall be approved by the board before payment. SECTION 2 . This Act shall become effective on May 1, 1995. 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 1995 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the compensation of the Chairman; to provide for an effective date; and for other purposes. This 27th day of February, 1995. S/Frank E. Stancil, Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank E. Stancil, who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Madisonian, which is the official organ of Morgan County, on the following date: March 2, 1995. /s/ Frank E. Stancil Representative, 91st District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CATOOSA COUNTY TAX COMMISSIONER; CLERICAL HELP ALLOWANCE. No. 49 (House Bill No. 945). AN ACT To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4413), so as to increase the amount payable for clerical help in the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4413), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. The compensation of the tax commissioner of Catoosa County, as full compensation for any and all duties performed by the tax commissioner as receiver and collector of school district and school bond taxes and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments. In addition to said $6,000.00 annual salary, the tax commissioner shall, when acting as ex officio sheriff, be entitled to an additional salary of $200.00 per month, as provided for in subsection (c) of Code Section 48-5-137 of the O.C.G.A. There shall also be paid to the

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tax commissioner, but not as personal funds of the tax commissioner, the sum of $120,000.00 per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional, and special taxes and on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes due shall include, without being limited to, those motor vehicle taxes listed in said digest. Said commissioner shall be entitled to a commission of 10 percent of all collections in excess of 90 percent of the total taxes due according to the tax net digest, and said commissioner's entitlement thereto shall be unaffected by any salary limitation set forth in paragraph (3) of subsection (c) of Code Section 48-5-180 of the O.C.G.A. Said tax commissioner shall also be entitled to the fees now allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the Tax Commissioner will request local legislation to increase the clerical allowance of the office of Tax Commissioner

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of Catoosa County, Georgia, and for other purposes, at the 1995 Regular Session of the General Assembly of the State of Georgia. This 20th day of January, 1995. Sandra Self, Catoosa County Tax Commissioner 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 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of Catoosa County, on the following date: January 25, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS; GROUP HEALTH INSURANCE. No. 50 (House Bill No. 827). AN ACT To amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to add a provision which permits the board of utilities commissioners to elect to participate in a group health insurance plan selected by the members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is

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amended by adding following Section 2 a new Section 2.1 to read as follows: SECTION 2.1. The board shall have the authority to approve by majority vote participation by the members of the board in a group health insurance plan and the terms of such participation. Costs of premiums for coverage under a group plan may be paid in full or in part from the funds of the board if the board so approves; provided, however, that 50 percent of the cost of premiums for family or dependent coverage shall be borne by the member requesting such coverage. 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 1995 Session of the General Assembly Local Legislation to provide for the Catoosa Utility District health insurance to the members of the Board of Utilities Commissioners; to pay the cost of the medical insurance for members of the Board of Utilities Commissioners by the Catoosa Utility District and for other purposes. This 20th day of January, 1995. Clifton M. Patty, Jr., Attorney for Catoosa Utility 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 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Catoosa County News, which is the official organ of Catoosa County, on the following date: January 25, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approve March 27, 1995. CITY OF CLEVELAND MUNICIPAL COURT; APPEALS. No. 51 (House Bill No. 946). AN ACT To amend an Act creating a new charter for the City of Cleveland, approved February 25, 1949 (Ga. L. 1949, p. 1024), as amended by an Act approved March 6, 1968 (Ga. L. 1968, p. 2142), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3354), so as to provide for procedures for appeals from police court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a new charter for the City of Cleveland, approved February 25, 1949 (Ga. L. 1949, p. 1024), as amended by an Act approved March 6, 1968 (Ga. L. 1968, p. 2142), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3354), is amended by striking Section 14 and inserting in lieu thereof a new Section 14 to read as follows: SECTION 14. Appeals from police court. Be it further enacted, that any person or persons convicted in the police court shall have the right of appeal by certiorari to the Superior Court of White County by paying all costs in the case and giving bond in double the amount of the fine imposed to answer the final judgment in the case or filing in lieu thereof the usual pauper's affidavit as provided by law in carrying cases by certiorari to superior courts from magistrate courts in this state.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating a Charter for the City of Cleveland approved February 25, 1949 (Ga. Laws 1949, p. 1024), as amended; so as to amend and modify the process by which appeals are made of sentences and decisions handed down in the Police Court of the City of Cleveland, and other matters related thereto. This 27th day of February, 1995. City of Cleveland, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Purcell, 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 White County News, which is the official organ of White County, on the following date: March 2, 1995. /s/ Ben Purcell Representative, 9th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY; INVESTIGATORS AND ASSISTANT DISTRICT ATTORNEYS; COMPENSATION. No. 52 (House Bill No. 949). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4622), so as to change the provisions relative to the compensation of the chief investigator, the investigators, the chief

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assistant district attorney, and the assistant district attorneys; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4622), is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows: SECTION 4A. Said district attorney is authorized to appoint eight investigators for the Cobb Judicial Circuit to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as peace officers; and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator, and his or her duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. The chief investigator shall receive as compensation for the performance of such duties a sum of not less than $10,774.56 nor more than $59,545.20 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. The remaining investigators shall receive as compensation for the performance of such duties a sum of not less than $10,774.56 nor more than $43,305.60 per annum, the exact amount to be determined by the district attorney. The compensation shall be paid in equal monthly installments from the general funds of Cobb County. SECTION 2 . Said Act is further amended by striking Section 4B in its entirety and substituting in lieu thereof a new Section 4B to read as follows: SECTION 4B. The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, 14 full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his or her duties. All assistant district attorneys shall have been admitted to the practice of law in all of the courts of the State of Georgia and be members in good standing of the State Bar of Georgia. All assistant district attorneys shall be compensated in the sum of not less than $20,770.88 nor more than $68,206.32 per annum, except that the

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chief assistant district attorney shall receive no more than $70,371.60 per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. Said sum shall be payable in equal monthly installments from the general funds of said county, with the exception that whenever the State of Georgia shall provide the compensation to any of the assistant district attorneys, the amount of state compensation shall be deducted from the total salary paid from the general funds of Cobb County, Georgia. SECTION 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Wiles, who, on oath, deposes and says that he is Representative from the 34th 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 20, 1995. /s/ John Wiles Representative, 34th District Sworn to and subscribed before me, this 1st day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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CITY OF WARNER ROBINS CORPORATE LIMITS. No. 53 (House Bill No. 950). 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 change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of 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: 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 southerly right-of-way of Smithville Church Road intersects with the easterly right-of-way of Leverette Road, said point being the point of beginning; thence travel in a northerly direction and perpendicular to the centerline of Smithville Church Road, to a point, on the northerly right-of-way of Smithville Church Road; thence continue in a westerly direction along the northerly right-of-way of Smithville Church Road to a point, said point being the intersection of the northerly right-of-way of Smithville Church Road with the southerly line of Land Lot 95; thence continue in a southerly direction along the radial line of the curve of Smithville Church Road to the southerly right-of-way of said road; thence continue in an easterly direction along the southerly right-of-way of Smithville Church Road to the point of beginning. 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 westerly right-of-way of U.S. 41 intersects with the southerly right-of-way of S.R. 247C, said point being the point of beginning; thence traveling in a westerly direction along the southerly right-of-way of S.R. 247C to a point where the southerly right-of-way intersects the easterly property line of Parcel `I', Patel property; said point can further be described as a point 186.46 feet, South 29 degrees 32 minutes 51 seconds east of the intersection of the southerly right-of-way of Centerville Road and the northerly right-of-way

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of S.R. 247C; thence travel north 29 degrees 32 minutes 51 seconds east a distance of 186.46 feet to a point, said point being the intersection of the southerly right-of-way of Centerville Road with the northerly right-of-way of S.R. 247C; thence travel along the northerly right-of-way of S.R. 247C to a point, said point being the intersection of the northerly right-of-way of S.R. 247C with the westerly right-of-way of U.S. 41; thence travel south 13 degrees 41 minutes 18 seconds east a distance of 213.62 feet to a point, said point being the point of beginning. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend the Warner Robins City Charter in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended; and for other purposes. This 19th day of January, 1995. Roy H. Watson, Jr. Representative, 139th District Larry Walker Representative, 141st District Johnny Floyd Representative, 138th District Robert Ray Representative, 128th 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 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Times-Journal, which is the official organ of Houston County, on the following date: February 8, 1995. /s/ Roy H. Watson, Jr. Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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JEFFERSON COUNTY MAGISTRATE COURT; CHIEF DEPUTY MAGISTRATE; COMPENSATION. No. 54 (House Bill No. 957). AN ACT To amend an Act to make provisions for the Magistrate Court of Jefferson County, approved March 12, 1984 (Ga. L. 1984, p. 3917), as amended, so as to change the compensation of the chief deputy magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act to make provisions for the Magistrate Court of Jefferson County, approved March 12, 1984 (Ga. L. 1984, p. 3917), as amended, is amended by striking subsection (b) of Section 6 and inserting in its place a new subsection (b) to read as follows: (b)(1) The chief deputy magistrate in office on January 1, 1995, shall receive a salary of $750.00 per month payable from the funds of Jefferson County. Such salary shall be increased by an amount equal to the amount of any cost-of-living increase which shall from time to time be granted to other county employees. (2) Upon the ceasing to serve as chief deputy magistrate for any reason by the chief deputy magistrate in office on January 1, 1995, the successor chief deputy magistrate and all future successors shall receive a salary of not less than $500.00 per month and not more than $750.00 per month as determined by the governing authority of Jefferson County. Such salary shall be payable from the funds of Jefferson County. Such salary shall be increased by an amount equal to the amount of any cost-of-living increase which shall from time to time be granted to other county employees. 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 1995 session of the General Assembly of Georgia a bill to amend an Act to make

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provisions for the Magistrate Court of Jefferson County, approved March 12, 1984 (Ga. L. 1984, p. 3917), as amended; and for other purposes. This 1st day of March, 1995. E. E. Bargeron Representative Emory E. Bargeron 120th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. E. Bargeron, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer, which is the official organ of Jefferson County, on the following date: March 1, 1995. /s/ E. E. Bargeron Representative, 120th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CARROLL COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS. No. 55 (House Bill No. 971). AN ACT To amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, so as to provide that members of such board shall be elected at nonpartisan general elections without a prior nonpartisan primary; to provide for submission of this Act pursuant to the federal Voting Rights Act of 1965, as amended; 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.

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3945), as amended, is amended by inserting immediately following subsection (e) of Section 1 a new subsection to read as follows: (e.1) All members of the board shall be elected at nonpartisan general elections without a prior nonpartisan primary. 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 Carroll County school board to submit this Act to the United States Attorney General for 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 1995 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 27th day of February, 1995. s/John Simpson 101st 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 101st 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: March 4, 1995. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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COBB COUNTY PROBATE COURT; JUDGE; CLERK; COMPENSATION. No. 56 (House Bill No. 976). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4054), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4054), is amended by striking in its entirety Section 2A and inserting in its place a new Section 2A to read as follows: SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $72,588.58, to be paid in equal monthly installments from the funds of Cobb County. SECTION 2 . Said Act is further amended by striking in its entirety the second sentence of Section 3 and inserting in its place a new sentence to read as follows: The clerk of the probate court shall be compensated in the amount of $47,266.98 per annum, payable in equal monthly installments from the funds of Cobb County. SECTION 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act

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changing the compensation of the superior court, the sheriff, and the judge of the probate court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation 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 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ Kip Klein Representative, 39th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CARROLL COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 57 (House Bill No. 972). AN ACT To provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elections; to change the qualifications for such office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The chief magistrate of the Magistrate Court of Carroll County who was serving in such office on February 1, 1995, and any person selected to fill a vacancy in such office shall continue to serve out such person's term of office and until the election and qualification of a successor. That successor and all future successors to such office whose terms of office are to expire

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shall be nominated and elected in a nonpartisan primary and election immediately preceding the expiration of such terms, as provided in Code Section 21-2-139 of the O.C.G.A., shall, at the time of taking office, have been duly admitted and licensed to practice law in the superior courts of this state for at least two years and remain so licensed during such person's term of office, and shall serve for terms of office as provided in Code Section 15-10-20 of the O.C.G.A. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the Magistrate Court of Carroll County; to provide for the election of the chief magistrate; and for other purposes. This 27th day of February, 1995. s/John Simpson Representative John Simpson 101st 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 101st 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: March 2, 1995. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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CITY OF STATESBORO COMMITTEES; MAYOR; DUTIES; OFFICERS AND EMPLOYEES; OATHS; BONDS; CITY CLERK. No. 58 (House Bill No. 979). AN ACT To amend an Act entitled An Act to create a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, so as to provide for the appointment of certain committees; to provide for certain duties of the mayor; to provide for certain officers and employees of the city; to provide for oaths and bonds; to provide for a city clerk; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a new charter for the City of Statesboro, approved March 26, 1987 (Ga. L. 1987, p. 4557), as amended, is amended by inserting at the end of Article II the following: SECTION 2-6. Committees. (a) The mayor and city council shall create by ordinance such committees as they deem necessary to oversee the operation and provision of city services and the administration of city government. The following committees shall be standing committees: property, police, fire, streets, sanitation, natural gas, water and sewer, waste water, finance, and solid waste disposal. The mayor shall establish additional ad hoc committees as he or she deems necessary. Each committee shall consist of a chair and one other councilmember, with terms set and appointments being made by the mayor. (b) Each committee provided for in this section shall meet periodically with the city administrator and department heads and other appropriate employees or appointees from the committee's assigned area of services. The committee shall recommend to the mayor and city council such policies and measures deemed necessary and expedient for the health, safety, and welfare of the city or for the implementation or improvement of the provisions of city services. Each committee shall oversee and recommend the preparation of annual budgetary requests to the mayor and city council for the committee's assigned area of services. Each committee shall also review bids; review and recommend major construction and infrastructure repairs and improvements; hear policy appeals related to its department or assigned area of services; and perform such other duties required by the mayor and city council.

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SECTION 2 . Said Act is further amended by striking in its entirety Article III and inserting in lieu thereof the following: ARTICLE III. SECTION 3.1 Mayor's duties. The mayor shall serve as the chief executive officer of the City of Statesboro. The mayor's duties shall include the following: (1) To preside at all meetings of the city council and perform such other duties consistent with the office as may be imposed by the city council. The mayor shall have a voice on all matters before the city council but shall vote only in the event of a tie. The mayor may use the title of mayor in any case in which the execution of legal instruments of writing or other necessity arising where the general laws of the state or provisions of this charter so require; (2) To act as the official head of the city for the purpose of serving civil process, for the purpose of military law, and for all ceremonial purposes. In times of danger and emergency, the mayor may, with the consent of the council, take command of the police and govern the city by proclamation and maintain order and enforce laws. In the event the President of the United States or the Governor declares such an emergency to exist, the mayor may take command of the police and govern the city by proclamation and maintain order and enforce laws until such time as the city council is able to convene; (3) To have general jurisdiction over and supervision of the affairs of the city and the provision of services and the authority to inspect the books, papers, information, and documents of any agent, employee, or officer of the city. The mayor shall give the city council information relative to the affairs of the city and shall recommend for the consideration of the council such measures as may be deemed fit; (4) To see that all laws and ordinances are enforced; (5) To keep city council advised as to the financial condition and needs of the city and to make such recommendations as deemed desirable; (6) To recommend to the city council from time to time the adoption of such measures as deemed necessary or expedient for the health, safety, and welfare of the city or for the improvement of administrative services; and (7) To perform such other duties as may be prescribed in this charter may be required by ordinance or resolution of the mayor and council.

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SECTION 3-2. Officers and employees. (a) The mayor and city council shall have the power to appoint and, when necessary, to suspend a city clerk, city treasurer, city attorney, city engineer, city auditor, city administrator, and such other officers and employees as are deemed necessary for the efficient administration and operation of the city government and the provision of services. The mayor and city council shall have the power to create departments, offices, and agencies necessary for the administration of government and provision of services and to delegate to a city administrator or the head of a department, office, or agency the power to appoint, suspend, or remove subordinates in such department, agency, or office; provided, however, that such appointments, suspensions, or removals shall be subject to the personnel policies adopted by the mayor and city council and may further be susperseded by affirmative action of the city council within 30 days of occurrence. The appointment, suspension, or removal of a city administrator, any department head, the city clerk, the city engineer, city attorney, and city auditor shall be made directly by the mayor and city council, which shall establish a procedure for recruitment and review of candidates for open positions. (b) The mayor and city council may, in their discretion, create the administrative office of a city administrator. The city administrator's duties shall be established by the policy set by the mayor and city council. The city administrator shall be further subject to the direction and control of the mayor as the chief executive and administrative officer of the City of Statesboro. In addition to the duties established by the policy of the mayor and city council, the mayor may delegate such administrative duties as he or she deems necessary to the city administrator. SECTION 3.3. Oaths, bonds. All officers, employees, and appointees shall take an oath to perform faithfully the duties of their respective offices and give such bond and security as may be required and set by the mayor and city council. SECTION 3.4. City clerk. The clerk of the city council of the city shall be ex officio treasurer of the city and shall be ex officio a member of the board of tax assessors of the city, and the duties of the office shall be prescribed by the mayor and city council. The clerk shall be required to give such bond and security as the city council may fix, conditioned upon faithful performance of the duties of treasurer of the city; provided, however, that the mayor and city

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council shall retain authority to separate by ordinance the office of clerk and treasurer, prescribe duties of each office, fix salaries, and require bonds and security. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create a new charter for the City of Statesboro, approved March 26, 1987 (Ga L. 1987, p. 4557), as amended; and for other purposes. This 21st day of February, 1995. Representative Bob Lane 146th District Representative John Godbee 145th 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 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald, which is the official organ of Bulloch County, on the following date: February 24, 1995. /s/ Robert E. Lane Representative, 146th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. UPSON COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 59 (House Bill No. 984). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County; to provide for the requirements and

Page 3634

procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Upson County shall be elected by the qualified voters of Upson County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1998 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, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her 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 or her 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, and no candidate for the office of judge of the probate court shall be nominated by any political party.

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SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced at the 1995 Session of the General Assembly of Georgia to provide for the non-partisan nomination and election of the Probate Judge of Upson County, Georgia. February 28, 1995 Robert M. Crawford Representative 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times, which is the official organ of Upson County, on the following date: March 1, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. HARALSON COUNTY BOARD OF EDUCATION; DISTRICTS. No. 60 (House Bill No. 994). 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), as amended by an Act approved February 27, 1992 (Ga. L. 1992, p. 4818), so as to change provisions for education districts; to provide for submission of this Act to the United States Attorney General; to provide

Page 3636

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 the members of the Board of Education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended by an Act approved February 27, 1992 (Ga. L. 1992, p. 4818), 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) 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, 217A, 217B Block(s): Those parts of Blocks 218A and 218B which lie outside the corporate limits of Tallapoosa and south of an unnamed branch of the Tallapoosa River Block(s): 218C, 219A, 219B, 220, 221, 223, 224, 226, 227A, 227B, 228, 229, 230, 231, 238A, 238B, 239, 301, 302, 303, 304, 305, 306, 332, 333, 334, 335, 336, 337, 338, 344B, 345A, 345B, 346A, 346B, 346C, 347, 348A, 348B, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371A, 371B, 373A, 373B, 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 Education District: 2

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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): Those parts of Blocks 218A and 218B which lie inside the corporate limits of Tallapoosa and north of an unnamed branch of the Tallapoosa River Block(s): 222, 225, 232, 233, 234, 235, 236, 237, 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, 365, 372A, 372B, 372C, 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, 530, 531A, 532A, 532B, 533A, 533B, 534, 535, 536, 537A, 537B, 538A, 538B, 539A, 539B, 540A, 540B, 540C, 541, 542A, 543, 544, 545, 546A, 561A, 563

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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, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 158, 159,

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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, 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

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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 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 1996, 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 1995 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), as amended, so as to change provisions relating to the election of the board of education; to provide for related matters; and for other purposes. This 17 day of February, 1995. s/ Jack D. Williams Chairman, Haralson County Board of Education 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 20, 1995. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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BULLOCH COUNTY STATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 61 (House Bill No. 998). AN ACT To amend an Act entitled An Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4640), so as to increase the compensation of the judge and solicitor of such court; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4640), is amended by striking in its entirety subsection (a) of Section 2 and inserting in lieu thereof the following: (a) The Judge of the State Court of Bulloch County shall receive a salary of $20,500.00 per annum which shall be paid in equal monthly installments from the funds of Bulloch County; provided, however, that on January 1, 1997, such compensation shall be increased to $23,000.00. The judge shall be a part-time judge and may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any manner as to which the judge has exercised any jurisdiction. SECTION 2 . Said Act is further amended by striking in its entirety Section 4A and inserting in lieu thereof the following: SECTION 4A. The Solicitor of the State Court of Bulloch County shall receive a salary of $17,500.00 per annum which shall be paid in monthly installments from the funds of Bulloch County; provided, however, that on January 1, 1997, such compensation shall be increased to $20,000.00. The solicitor shall be a part-time solicitor and may engage in the private practice of law in other courts but may not practice in his or her own court or appear in any manner as to which the solicitor has exercised any jurisdiction. SECTION 3 . This Act shall become effective on July 1, 1995.

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SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to change the compensation of the Judge and the Solicitor of State Court; and for other purposes. This 14th day of February, 1995. Hon. John Godbee Representative 110th District Hon. Robert E. Lane Representative 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Lane, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald, which is the official organ of Bulloch County, on the following date: February 21, 1995. /s/ Bob Lane Representative, 146th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF AUGUSTA CONSOLIDATION; CHARTER REPEAL; REFERENDUM. No. 62 (House Bill No. 1051). AN ACT To amend an Act chartering the City of Augusta as the City Council of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta; to provide for other

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matters relating to the foregoing; to provide for a referendum; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act chartering the City of Augusta as the City Council of Augusta, approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is amended by adding a new Section 1A immediately following Section 1 to read as follows: SECTION 1A. (a) It is the intention of the General Assembly of Georgia to enact legislation which will provide for the reorganization of the governments of the City of Augusta and Richmond County, as well as the City of Hephzibah if approved by the voters of such municipality, and empower the reorganized government to exercise all of the rights, powers, duties, and obligations heretofore applicable to the governing authorities of the City of Augusta and Richmond County, and any other municipality in which such reorganization is approved, and to any general laws, local laws, or constitutional provisions applicable or effective within the City of Augusta and Richmond County. The reorganized government shall constitute a county as well as a municipality for the application of the general laws of this state. The reorganized government may exercise the powers vested in the governing authority of the City of Augusta and municipalities generally as well as the powers vested in the governing authority of Richmond County and counties generally. (b) To that end, an Act chartering the City of Augusta as the 'City Council of Augusta,' approved January 31, 1798 (Marbury's Digest, p. 136), as amended, is repealed in its entirety on January 1, 1996, so as to accomplish the governmental reorganization objectives set forth in subsection (a) of this section. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Augusta shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this Act to the electors of the City of Augusta for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which amends the charter of the City of Augusta so as to provide for the reorganization of the governments of the City of Augusta and Richmond County and to that end repeals the charter of the City of Augusta to accomplish such governmental reorganization? All persons desiring to vote for approval of Section 1 of this Act shall vote Yes, and those persons desiring to vote for rejection of Section 1 of this Act shall vote No. If more than one-half of the votes cast on such question are for approval of Section 1 of this Act, it shall become of full force and effect on January 1, 1996, as provided in Section 3 of this Act. 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 the City of Augusta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . Section 1 of this Act shall become effective only in the event an Act is enacted by the General Assembly of Georgia at its regular session in 1995 providing for a reorganized government in Richmond County and such Act is approved in a referendum by a majority of the voters voting throughout the territorial limits of Richmond County. 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 1995 Session of the General Assembly of Georgia a bill to amend the Charter and Laws pertaining to the City of Augusta, so as to consolidate the governments of the City of Augusta and Richmond County, Georgia; to provide for a county-wide government for the City of Augusta and Richmond County; to repeal conflicting laws; and for other purposes. This 17th day of January, 1995. CHARLES W. WALKER Senator, 22nd District GEORGIA, FULTON COUNTY

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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 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle, which is the official organ of Richmond County, on the following date: January 17, 1995. /s/ Jack Connell Representative, 115th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Lea Lange London Notary Public, White County, Georgia My Commission Expires April 20, 1996 (SEAL) Approved March 27, 1995. CITY OF HEPHZIBAH CONSOLIDATION; CHARTER REPEAL; REFERENDUM. No. 63 (House Bill No. 1050). AN ACT To amend an Act providing a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801), so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah; to provide for other matters relating to the foregoing; to provide for a referendum; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801), is amended by adding a new Section 1A immediately following Section 1 to read as follows: SECTION 1A. (a) It is the intention of the General Assembly of Georgia to enact legislation which will provide for the reorganization of the governments of the City of Hephzibah and Richmond County, as well as the City of Augusta if approved by the voters of such municipality, and empower the reorganized government to exercise all of the rights, powers, duties, and obligations heretofore applicable to the governing authorities of the City of Hephzibah and Richmond County, and any other municipality in

Page 3646

which such reorganization is approved, and to any general laws, local laws, or constitutional provisions applicable or effective within the City of Hephzibah and Richmond County. The reorganized government shall constitute a county as well as a municipality for the application of the general laws of this state. The reorganized government may exercise the powers vested in the governing authority of the City of Hephzibah and municipalities generally as well as the powers vested in the governing authority of Richmond County and counties generally. (b) To that end, an Act providing a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801), is repealed in its entirety on January 1, 1996, so as to accomplish the governmental reorganization objectives set forth in subsection (a) of this section. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hephzibah shall call and conduct an election as provided in this section for the purpose of submitting Section 1 of this Act to the electors of the City of Hephzibah for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which amends the charter of the City of Hephzibah so as to provide for the reorganization of the governments of the City of Hephzibah and Richmond County and to that end repeals the charter of the City of Hephzibah to accomplish such governmental reorganization? All persons desiring to vote for approval of Section 1 of this Act shall vote Yes, and those persons desiring to vote for rejection of Section 1 of this Act shall vote No. If more than one-half of the votes cast on such question are for approval of Section 1 of this Act, it shall become of full force and effect on January 1, 1996, as provided in Section 3 of this Act, but only if all conditions contained in Section 3 of this Act are met. 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.

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The expense of such election shall be borne by the City of Hephzibah. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . (a) Section 1 of this Act shall become effective only in the event an Act is enacted by the General Assembly of Georgia at its regular session in 1995 providing for a reorganized government in Richmond County and such Act is approved in a referendum by a majority of the voters voting throughout the territorial limits of Richmond County and the requirements of subsection (b) of this Section are met. (b) Section 1 of this Act shall become effective only if: (1) The Act cited in subsection (a) of this section is approved in the referendum provided in such Act; and (2) An Act is enacted by the General Assembly of Georgia at its regular session in 1995 which amends the charter of the City of Augusta so as to provide for the reorganization of the governments of the City of Augusta and Richmond County and to that end repeals the charter of the City of Augusta and such Act is approved by a majority of the voters voting in a referendum on such Act in the City of Augusta. 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 1995 Session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Hephzibah, approved April 13, 1982 (Ga. L. 1982, p. 4801), so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah, to provide for other matters relating to the foregoing; to provide for a referendum; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. This 27th day of January, 1995. CHARLES W. WALKER Senator, 22nd District 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 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3648

the Augusta Chronicle, which is the official organ of Richmond County, on the following date: February 2, 1995. /s/ Jack Connell Representative, 115th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Lea Lange London Notary Public, White County, Georgia My Commission Expires April 20, 1996 (SEAL) Approved March 27, 1995. RICHMOND COUNTY CONSOLIDATION WITH THE CITY OF AUGUSTA AND THE CITY OF HEPHZIBAH; REFERENDUMS. No. 64 (House Bill No. 805). AN ACT To provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the governing authority of Richmond County with both county and municipal powers; to provide for the election of the chairperson-mayor and the members of the commission-council; to provide for commission-council districts; to provide for the members of the board of commissioners of Richmond County and the mayor and councilmembers of the City of Augusta and, if a certain Act is approved in a referendum, the board of commissioners of the City of Hephzibah; to provide for qualifications of the chairperson-mayor and commissioners-councilpersons; to provide for terms of office; to provide that the chairperson-mayor shall be the chief executive officer of the Augusta-Richmond County Commission-Council; to provide for compensation for the chairperson-mayor, the vice chairperson-mayor pro tempore, and the other members of the commission-council; to provide for the executive and administrative powers and duties of the chairperson-mayor; to provide for filling vacancies; to provide for a vice chairperson-mayor pro tempore; to provide for a quorum; to provide for the payment of bonded indebtedness of Richmond County and the City of Augusta and, if a certain Act is approved in a referendum, the City of Hephzibah; to create an Urban Services District or Districts and a Suburban Services District; to provide that such districts shall continue in existence until the commission-council modifies or abolishes such districts by ordinance; to provide for the

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continuation of existing ordinances and resolutions of the board of commissioners of Richmond County and of cities therein; to provide for a budget and tax levy by the board of commissioners of Richmond County and the governing authorities of certain cities therein for the 1996 calendar year; to provide that tax assessments made by the board of tax assessors of Richmond County and certain cities therein shall constitute the basis for the assessment and collection of taxes of the commission-council for the 1996 calendar year; to provide that the tax levy in 1996 for certain cities shall be levied by the commission-council only within certain Urban Services Districts; to provide for the creation of special services tax districts; to provide that ad valorem taxes and service charges and fees shall be collected according to the kind, character, type, and degree of district services provided by the commission-council within such special services tax districts; to provide for amendments to the budget for the 1996 calendar year; to provide that any special services district existing in Richmond County or in certain cities therein prior to 1996 shall continue to exist until modified or abolished by the commission-council; to provide for the retention of pension rights; to provide that this Act shall not result in and shall not be implemented to result in the termination of any employees of Richmond County or certain cities therein; to provide that the sheriff of Richmond County shall be the chief law enforcement officer in Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of the former city police departments and the Richmond County Sheriff's Department; to provide that the chief of the Augusta Fire Department shall be the chief firefighter throughout Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of city fire departments and the Richmond County Fire Department; to provide for departments, agencies, commissions, authorities, and other entities and the heads, members, and personnel thereof; to provide for the Municipal Court of the City of Augusta and the continued existence and jurisdiction thereof; to provide for a law department; to provide for equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin; to provide for minority economic development and business; to provide for construction of certain Acts; to create a transition task force; to provide for the duties and responsibilities of the transition task force and the board of commissioners of Richmond County and the governing authorities of cities therein; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of Augusta and the City of Hephzibah with the transition task force; to provide for the examination of all records, files, and other data of Richmond County and the City of Augusta and the City of Hephzibah by the transition task force; to provide that the transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta and the board of commissioners of the City of Hephzibah; to provide that members of the transition task force shall receive no compensation

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for their services as such members; to provide for other matters relative to the foregoing; to provide for the conditions under which this Act shall become effective; to provide for a referendum; to provide for conditional and other effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1 . The governing authority of Richmond County shall be a board of commissioners of said county. Said board is designated as the Augusta-Richmond County Commission-Council, referred to in this Act as the commission-council. The chief executive officer of said board is designated and referred to in this Act as the chairperson-mayor and the other members of said board are designated and referred to in this Act as commissioners-councilpersons. The board shall consist of a chairperson-mayor and ten commissioners-councilpersons. The commission-council shal exercise and be subject to all of the rights, powers, duties, and obligations imposed by this Act or previously applicable to the governing authorities of the City of Augusta and Richmond County, and the City of Hephzibah if consolidated with the government of Richmond County as authorized by this Act, and to any general laws, local law, or constitutional provisions applicable or effective within the former City of Augusta, the former City of Hephzibah if consolidated with the government of Richmond County as authorized by this Act, and Richmond County. The commission-council shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state. The consolidated government shall have a municipal form of government. The commission-council may exercise the powers vested in the governing authority of the municipality or municipalities and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally. SECTION 2 . (a) (1) For the purpose of electing members of the commission-council, Richmond County is divided into ten commission-council districts as follows: Commission-Council District: 1 RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part)

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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 Commission-Council District: 2 RICHMOND COUNTY VTD: 0003 2 (Part)

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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 Commission-Council 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.

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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

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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 Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905 Commission-Council 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

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Commission-Council 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 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 Commission-Council District: 6 RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part) Tract: 0107.05

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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 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 Commission-Council 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

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Commission-Council 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, 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

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Commission-Council District: 9 A combination of Commission-Council Districts 1, 2, 4, and 5 as each is described in detail above by Tract, Block, and VTD. Commission-Council District: 10 A combination of Commission-Council Districts 3, 6, 7, and 8 as each is described in detail above by Tract, Block, and VTD. (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 commission-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; (D) Any part of Richmond County which is not included in any commission-council district described in this subsection shall be included within that commission-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 (E) Any part of Richmond County which is described in this subsection as being included in a particular commission-council district shall nevertheless not be included within such commission-council district if such part is not contiguous to such commission-council district. Such noncontiguous part shall instead be included within that commission-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) All members of the commission-council shall be full voting members of the commission-council. The chairperson-mayor shall be a member of the commission-council. Except as otherwise provided in this Act, the chairperson-mayor shall have the right to vote only to make or break a tie vote on any matter. (c) No person shall be eligible to serve as a commissioner-councilperson unless he or she: (1) has been a resident of the commission-council district

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from which elected for a period of one year immediately prior to the date of the election; (2) continues to reside within the commission-council district from which elected during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. No person who has served two consecutive full four-year terms of office as commissioner-councilperson shall again be eligible to hold office as commissioner-councilperson until after the expiration of four years from the conclusion of that person's last term of office as commissioner-councilperson. (d) No person shall be eligible to serve as chairperson-mayor unless he or she (1) has been a resident of the county for a period of one year immediately prior to the date of the election; (2) continues to reside within the county during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. No person who has served two consecutive full four-year terms of office as chairperson-mayor shall again be eligible to hold office as chairperson-mayor until after the expiration of four years from the conclusion of that person's last term of office as chairperson-mayor. (e) The chairperson-mayor shall be paid an annual salary of $65,000.00, the vice chairperson-mayor pro tempore shall be paid an annual salary of $20,000.00, and each of the other commission-council members shall be paid an annual salary of $12,000.00. Future changes in the salary and expenses of such persons shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. SECTION 3 . (a) Those members of the board of commissioners of Richmond County, the mayor and those members of the city council of the City of Augusta, and the members of the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, who are serving as such on the date the implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, shall continue to serve as such members and officials until December 31, 1995. On and after the date all requirements for the implementation of this Act have been met and the implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, no further elections shall be conducted to elect members of the board of commissioners of Richmond County and the mayor and members of the city council of the City of Augusta, and the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, and all elections for the members of the commission-council shall be conducted pursuant to this Act. Such members of the board of commissioners

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of Richmond County and the mayor and members of the city council of the City of Augusta, and the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, shall continue to receive the compensation to which they were entitled pursuant to local law or Code Section 36-35-4 of the O.C.G.A. until December 31, 1995. (b) (1) One initial member of the commission-council shall be elected to represent each commission-council district in a special nonpartisan election, without a special primary, to be held on the Tuesday after the first Monday in November, 1995. Members elected in such special election shall take office on the first day of January immediately following their election. The member elected in each odd-numbered commission-council district shall have an initial term of office of two years and until a successor is elected and qualified and the member elected in each even-numbered commission-council district shall have an initial term of office of four years and until a successor is elected and qualified. Candidates in such special election shall not be listed on the ballot according to political party affiliation; and such special election shall be conducted on a nonpartisan basis, without a special primary, and by plurality vote as provided in this section. Thereafter, successors to members of the commission-council shall be elected at a general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of their respective terms of office, shall be nominated and elected by plurality vote as provided in this section, shall take office on the first day of January immediately following the date of their election, and shall have terms of office of four years and until their respective successors are elected and qualified. Each member of the commission-council shall be elected by the electors residing within such member's commission-council district. (2) The vice chairperson-mayor pro tempore shall be a member of the commission-council. (c) The initial chairperson-mayor shall be elected in a special nonpartisan election, without a special primary, to be held on the Tuesday after the first Monday in November, 1995. Candidates in such special election shall not be listed on the ballot according to political party affiliation; and such special election shall be conducted on a nonpartisan basis, without a special primary, and by plurality vote as provided in this section. The person elected as chairperson-mayor at such special election shall take office on January 1, 1996, for an initial term of office expiring on December 31, 1998, and until a successor is elected and qualified. Thereafter, each successor to the office of chairperson-mayor shall be elected at a general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of a term of office, shall be nominated and elected by plurality vote as provided in this

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section, shall take office on the first day of January immediately following the date of the election, and shall have a term of office of four years and until a successor is elected and qualified. The chairperson-mayor shall be elected on a county-wide basis by the electors of the entire county. (d) (1) Except as otherwise provided in this section, all primaries and elections for the chairperson-mayor and members of the commission-council shall be in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code, as now or hereafter amended. All primaries and elections for such offices shall be conducted on a nonpartisan basis and candidates in any such primary or election shall not be listed on the ballot according to party affiliation. Any person who is a registered voter of Richmond County shall be eligible to vote in any election under this section. (2) As used in this paragraph, the term plurality means the receipt by one candidate alone of the highest number of votes cast in a primary or election among the candidates for the same office provided that such candidate receives at least 45 percent of the total number of votes cast in such primary or election for such office. If two or more candidates tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total number of votes cast for the office sought, there is no plurality. If no candidate receives a plurality of the votes cast in any such primary or election, there shall be a run-off primary or a run-off election which shall be called and conducted in the manner provided in Code Section 21-3-407 of the O.C.G.A. SECTION 4 . (a) (1) The chairperson-mayor shall be the chief executive officer of Richmond County and the City of Augusta. The chairperson-mayor shall possess and exercise the following executive and administrative powers and duties: (A) To preside at all meetings of the commission-council; (B) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (C) To administer oaths and to take affidavits; (D) To sign all written contracts entered into by the commission-council on behalf of Richmond County and the City of Augusta and all other contracts and instruments executed by the county and city which by law are required to be in writing; (E) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; and (F) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council.

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(2) The chairperson-mayor shall not be empowered to veto ordinances, resolutions, or other actions of the commission-council. (b) The members of the commission-council shall elect a vice chairperson-mayor pro tempore at their first regular meeting in January, 1996, and at such meeting in each year thereafter. The vice chairperson-mayor pro tempore shall preside at commission-council meetings in the absence of the chairperson-mayor and perform such other duties as may be entrusted to the office of the vice chairperson-mayor pro tempore by action of the commission-council. The vice chairperson-mayor pro tempore shall continue to be a full voting member of the commission-council when serving in the capacity of vice chairperson-mayor pro tempore. No person who has served two consecutive full one-year terms of office as vice chairperson-mayor pro tempore shall again be eligible to hold office as vice chairperson-mayor pro tempore until after the expiration of one year from the conclusion of that person's last term of office as vice chairperson-mayor pro tempore. (c) At its first regular meeting in January of each even-numbered year, the commission-council shall organize itself. The chairperson-mayor and the vice chairperson-mayor pro tempore shall recommend to the commission-council the appointment of such committees as they deem appropriate and the proposed membership thereof. If the chairperson-mayor and the vice chairperson-mayor pro tempore disagree on proposed appointments, the commission-council shall determine such appointments. All committees and the membership thereof shall be created, abolished, and appointed as directed by the commission-council. The chairperson-mayor shall not have the right to vote on the appointment of any member to a committee. The chairperson-mayor shall not be a voting member of any committee established by the commission-council and appointed by the vice chairperson-mayor pro tempore. SECTION 5 . (a) A vacancy which occurs in the office of the chairperson-mayor or in the membership of the commission-council by death, resignation, removal from the commission-council district, or for any other reason shall be filled by the remaining members of the commission-council appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the commission-council shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as provided in this subsection. When the unexpired term exceeds 28 calendar months, a special election shall be held in the county in the case of the chairperson-mayor or in the commission-council district in which the vacancy occurred on the same date as the next succeeding general election to elect a successor for the unexpired term. Any such special election shall be called, held, and conducted in accordance with the applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the Georgia Municipal Election Code.

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(b) No person shall fill a vacancy for an unexpired term by appointment of the commission-council unless that person receives a majority of the votes of the full commission-council. (c) In the event the office of vice chairperson-mayor pro tempore becomes vacant for any reason, the commission-council by a majority vote of its full membership shall elect from among its members a successor who shall serve as such until the first meeting in January immediately following the creation of such vacancy, at which time a successor shall be elected. SECTION 6 . Seven members of the commission-council shall constitute a quorum for the transaction of ordinary business, and an affirmative vote of at least six members shall be required for the commission-council to take action. Official action of the commission-council shall be entered upon its minutes. Any member of the commission-council shall have the right to request a roll-call vote. SECTION 7 . (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1996, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1995. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1996, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Augusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the successor to the previously existing governing authority of the City of Augusta for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The bonded indebtedness of Richmond County outstanding on January 1, 1996, shall not be affected by this Act, and the commission-council, as the governing authority of Richmond County, shall become the successor to the previously existing governing authority of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (c) The bonded indebtedness of the City of Hephzibah which is outstanding on January 1, 1996, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995. The ad valorem taxes imposed by the City of Hephzibah prior to January 1, 1996, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special

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tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Hephzibah in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Hephzibah, shall be the successor to the previously existing governing authority of the City of Hephzibah for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. The provisions of this subsection shall not become effective unless the Act providing for a reorganized government in Richmond County and providing for the repeal of the charter of the City of Hephzibah is approved in a referendum by a majority of the voters voting within the City of Hephzibah and this Act is approved in the referendum provided for in Section 18 of this Act. SECTION 8 . (a) (1)(A) There is created an Urban Services District to be known as Urban Services District A which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1995. (B) Any public funds on deposit or invested in certificates of deposit in the name of the City of Augusta on December 31, 1995, shall accrue to Urban Services District A and shall be utilized exclusively for the benefit of citizens residing in Urban Services District A. (2)(A) If the repeal of the city charter of the City of Hephzibah is approved in a referendum by a majority of the voters voting within the City of Hephzibah and this Act is approved in the referendum provided for in Section 18 of this Act, there is created an Urban Services District to be known as Urban Services District H which shall correspond to and be conterminous with the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995. (B) Any public funds on deposit or invested in certificates of deposit in the name of the City of Hephzibah on December 31, 1995, shall accrue to Urban Services District H and shall be utilized exclusively for the benefit of citizens residing in Urban Services District H. (b) (1) There is created a Suburban Services District which shall correspond to and be conterminous with the area of Richmond County which was not within the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1995, and, if the charter of Hephzibah is repealed as provided in Section 18 of this Act, which was not within the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995.

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(2) Any public funds on deposit or invested in certificates of deposit in the name of Richmond County on December 31, 1995, shall accrue to the Suburban Services District and shall be utilized exclusively for the benefit of citizens residing in the Suburban Services District and the Urban Services District or Districts. (c) The Water and Sewage Sinking Fund, the Airport Sinking Fund, and the Airport Sinking Fund No. 2 shall accrue to the benefit of the citizens residing in the Urban Services District or Districts and the Suburban Services District. These sinking funds are to be retired as provided in the anticipated revenue certificates and are not considered bonded indebtedness of the City of Augusta. (d) Urban Services District A, Urban Services District H (if created), and the Suburban Services District created by this section shall continue in existence until the commission-council modifies or abolishes such districts by ordinance duly adopted by the commission-council. SECTION 9 . (a) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1996, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1996, only within the unincorporated area of Richmond County shall be effective only in the Suburban Services District described in subsection (b) of Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. (d) Existing ordinances and resolutions of the city council of Augusta which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. If the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, existing ordinances and

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resolutions of the board of commissioners of the City of Hephzibah which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. (e) Existing ordinances and resolutions of the city council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only within the Urban Services District A described in Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. If the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, existing ordinances and resolutions of the board of commissioners of the City of Hephzibah and existing rules and regulations of departments and agencies of the City of Hephzibah shall be applicable only within the Urban Services District H described in Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. SECTION 10 . (a) The budget and tax levy of the board of commissioners of Richmond County and the governing authority of any municipality consolidated with such county, adopted for the 1996 calendar year, shall serve as the budget and tax levy of the commission-council for that calendar year. (b) The tax assessments made by the board of tax assessors of Richmond County and any municipalities consolidated with such county as of January 1, 1996, shall constitute the basis for the assessment and collection of taxes of the commission-council for 1996. (c) Amendments to the budget for the 1996 calendar year provided by subsection (a) of this section may be made by resolution or ordinance duly adopted by the commission-council during 1996. (d) Any special services district existing in Richmond County or any municipality consolidated with such county prior to January 1, 1996, shall continue to exist until it is modified or abolished by the commission-council. (e) In assessing ad valorem taxes, the commission-council shall assess within any Urban Services District such additional millage as the governing body shall determine, and which shall be imposed on account of governmental services available therein that are not furnished in the Suburban Services District. As the commission-council shall from time to time expand these governmental services to areas within the Suburban Services District, such areas shall be included in such Urban Services District and taxed accordingly. (f) For purposes of this section, governmental services shall include fire protection of a higher class, garbage pickup, governmental water and

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sewer services, and such other services as may be provided only in an Urban Services District. (g) (1) The commission-council may further divide the Suburban Services District into special service districts wherever additional governmental service or services are furnished but not to the extent as in an Urban Services District. Property within said special service districts shall be assessed with such additional ad valorem taxes as the commission-council may determine on account of said services. (2) Property owners within an Urban Services District and the Suburban Services District shall not be obligated to pay any user fees for services they do not receive. (h) It is the purpose of this section that property shall be subject to taxation in relation to services received. (i) Without limiting any of the foregoing provisions of this section, on and after January 1, 1996, the residential, commercial, and industrial rates charged for water and sewerage services shall be the same within an Urban Services District as within the Suburban Services District. SECTION 11 . The commission-council shall create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission-council within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission-council. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution. SECTION 12 . (a) All employees and former employees of Richmond County and the City of Augusta and, if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights which had accrued to them prior to January 1, 1996, under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Richmond County or the mayor and council of Augusta or the board of commissioners of the City of Hephzibah. The commission-council shall assume on January 1, 1996, all obligations arising under all such pension plans, but the assumption of such obligations by the commission-council shall not create any obligation on the part of the commission-council or create any right which did not exist prior to January 1, 1996.

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(b) This Act shall not result in and shall not be implemented to result in the termination of employment of any employees of Richmond County or the City of Augusta or the City of Hephzibah or of any agency, instrumentality, commission, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment contract which did not exist prior to January 1, 1996. SECTION 13 . (a) The sheriff of Richmond County shall perform his or her constitutional and statutory duties throughout the entire limits of Richmond County. The sheriff of Richmond County shall be the chief law enforcement officer of Richmond County. (b) The commission-council in cooperation with the sheriff shall utilize the facilities, equipment, vehicles, records, and personnel of the former Augusta Police Department, the former Hephzibah Police Department if the city charter is repealed as provided in Section 18 of this Act, and the Richmond County Sheriff's Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citizens of Richmond County. (c) The chief of the former Augusta Fire Department shall perform his or her official duties as the chief firefighter throughout the entire limits of Richmond County. (d) The commission-council in cooperation with the chief shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Augusta Fire Department, the former Hephzibah Fire Department if the city charter is repealed as provided in Section 18 of this Act, and the Richmond County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Richmond County. (e) The commission-council shall create a law department, to employ one or more full-time attorneys, to employ such clerical assistance as deemed necessary and appropriate, and to supply an office, office equipment, a law library, and such other equipment and supplies as may be necessary. Neither the chairperson-mayor nor any member of the commission-council shall seek or receive legal advice or services from any member of the law department or any other attorney retained or employed by the commission-council on any personal legal matter not related to the duties of his or her office. (f) Except as provided by this Act or prohibited by the general laws of this state, the membership of all boards, commissions, committees, panels, authorities, or other entities appointed by the board of commissioners of Richmond County or the governing authority of the City of Augusta, or if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah, shall be increased by creating two new

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members for each who shall be recommended by the Richmond County delegation in the General Assembly of Georgia and appointed by the commission-council established by this Act in accordance with the existing laws or ordinances for the appointment of members to such entities. Each such member shall serve out the term of office to which such member was appointed. As soon as practical, but in no event less than 90 days after the initial members of the commission-council take office, the commission-council shall identify those boards, panels, authorities, or other entities the membership of which is not comprised of persons who reside in each commission-council district and shall propose a plan for each such board, commission, or entity to expand or contract the number of members thereof so that as soon as practical, each such entity shall consist of one member from each commission-council district. Each appointee shall be designated by the commission-council as a member representing a designated district. Except as provided by this Act or prohibited by the general laws of this state, the positions of director or administrative head, by whatever name known, of each department or entity of the governments of Richmond County and the City of Augusta and, if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah shall be abolished 90 days after the members of the commission-council take office under this Act. Such departments may be reestablished, reorganized, or consolidated; new job descriptions shall be established as appropriate; and a director or administrative head shall be appointed for each department by the commission-council. Any person who formerly occupied such position and any other person shall have the right to apply for any position thus created. The provisions of this subsection shall not result in the automatic termination from employment with the reorganized government of any such person and the provisions of Section 12 of this Act shall be applicable to any such person. On or after January 1, 1996, no person shall be eligible for appointment to any position as the director or administrative head of any department or agency of the reorganized government unless such person meets such qualifications as may be established by the commission-council. (g) The Municipal Court of the City of Augusta shall act as the Municipal Court of Augusta-Richmond County and shall have jurisdiction throughout Richmond County until such court is abolished by an Act of the General Assembly. (h) No elected official of such government nor any member of the General Assembly of Georgia whose district lies totally or partially within Richmond County shall be eligible to do business with or receive any contract from such government except through competitive bids. Said persons shall not receive personal services from county vendors, attorneys, or others. SECTION 14 . (a) The government of Augusta-Richmond County shall encourage the meaningful involvement in its operations of all citizens of Augusta-Richmond

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County, particularly those who are members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. The commission-council shall afford equal opportunities for employment and promotion to all persons regardless of race, sex, religion, gender, creed, color, or national origin. (b) It is the policy of the Augusta-Richmond County government to ensure the equitable participation of all minorities, including African Americans, women, and small businesses in providing goods and services to the city-county government. The goal of this section is to increase the use of such minorities and small businesses to a level comparable with their availability. This participation goal shall be used as a guideline to the commission-council and shall not be construed as a ceiling or quota. (c) In furtherance of the policies stated in subsections (a) and (b) of this section, the commission-council shall employ a person to serve as equal employment opportunity director and as director of minority and small business opportunities. The director shall develop and, subject to the approval of the commission-council, implement such policies, procedures, and guidelines as the director deems necessary or appropriate to ensure equal employment opportunities for all citizens. The director, subject to the approval of the commission-council, shall propose and implement such policies, procedures, and guidelines as are necessary and appropriate to ensure equal opportunities for all businesses and citizens in contracting with the commission-council and all departments, agencies, authorities, and other entities of local government and to encourage the development of minority and small businesses within Richmond County. In addition, said director shall have such other powers and duties as may from time to time be afforded by action of the commission-council. (d) The commission-council shall establish a citizens advisory council for minority employment and small business opportunities to advise the commission-council and director of matters pertaining to this section, and to meet with minorities and small businesses to review the problems of minority and small business opportunities. SECTION 15 . The commission-council shall have the authority upon the affirmative votes of two-thirds of those elected to the commission-council, excluding the chairperson-mayor, to change the provisions of this Act which conflict with existing or future state or federal laws; provided, however, that no provisions shall be made which diminish or change the principle of representation of citizens by district on the commission-council or any other entity. SECTION 16 . Nothing contained in this Act shall be construed so as to amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 748).

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PART II SECTION 17 . (a) Effective July 1, 1995, there is created a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the commission-council on January 1, 1996. The transition task force shall be composed of members as follows: (1) The board of commissioners of Richmond County shall appoint four members. One of such members shall be the chairperson of the board of commissioners, who shall serve as a member of the transition task force until January 1, 1996. The commissioners appointed to the task force shall be apportioned so that at least two of the commissioners are representatives of existing county commission districts three, six, seven, and eight and two commissioners are representatives of existing county commission districts one, two, four, and five; (2) The city council of the City of Augusta shall appoint four members. One of such members shall be the mayor of the City of Augusta, who shall serve as the chief executive officer of the transition task force. The city council representatives who are appointed shall be apportioned so that at least two of such members are representatives of former Wards 1, 2, 3, 4, 9, 12, and 13 and two of such members are representatives of former Wards 5, 6, 7, 8, 10, and 11; (3) The members of the General Assembly of Georgia whose districts include all or any portion of Richmond County shall appoint four members; and (4) The board of commissioners of the City of Hephzibah shall appoint one member, provided that, if the voters of the City of Hephzibah do not approve an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah providing for a reorganized government in Richmond County and providing for the repeal of said charter, the membership of such member on the transition task force shall be abolished on the date the results of such referendum are certified. Any vacancy on the transition task force shall be filled by the appointing authority which originally appointed the member to such vacant position. The transition task force shall meet upon the call of the chief executive officer of the transition task force for the purpose of planning and scheduling the initial organization of the government in accordance with the applicable provisions of this Act. Any transition task force in existence on January 1, 1996, is abolished. (b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption of governmental powers by the commission-council on January 1, 1996. The transition task

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force is specifically charged with the responsibility of developing proposed ordinances, including ordinances relating to the creation of special services tax districts, which should be considered for adoption by the commission-council at its first regular meeting held following January 1, 1996, or at a regular meeting of the commission-council held as soon thereafter as practicable. (c) All officers, officials, including elected officials, and employees of Richmond County, the City of Augusta, and the City of Hephzibah shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County, the City of Augusta, and the City of Hephzibah and all officers, officials, and employees and departments thereof. Richmond County, the City of Augusta, and the City of Hephzibah shall, to the extent possible, provide working areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta and from the board of commissioners of the City of Hephzibah for the purpose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members. (e) During the period beginning on the date on which this Act is approved in the referendum provided for by Section 18 of this Act or on the date an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta, whichever is later, it shall be the duty of the transition task force to recommend and the duty of the board of commissioners of Richmond County and the mayor and city council of Augusta to implement, where possible, such consolidations or reorganizations of services, functions, powers, and duties as may be advantageous to the consolidation of such governments on January 1, 1996. (f) If an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta and providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta, then during the period beginning on the date on which this Act is approved in the referendum provided for by Section 18 of this Act or on the date an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah and providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Hephzibah, whichever is later, it shall be the duty of the transition task

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force to recommend and the duty of the board of commissioners of Richmond County, the board of commissioners of the City of Hephzibah, and the mayor and city council of the City of Augusta to implement, where possible, such consolidations or reorganizations of services, functions, powers, and duties as may be advantageous to the consolidation of such governments on January 1, 1996. (g) Every effort shall be made to consolidate water and sewerage services as soon as practical and to ensure that every citizen within the county is treated fairly and equitably in the pricing of such services and is charged the same rate for the same service. (h) The transition task force shall be abolished on the date specified by the commission-council. PART III SECTION 18 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Richmond County shall call and conduct an election as provided in this section for the purpose of submitting Part I of this Act to the electors of Richmond County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which creates a board of commissioners designated as the Augusta-Richmond County Commission-Council consisting of a chairperson-mayor and ten commissioners-councilpersons to administer, govern, and operate a reorganized government in Richmond County with both county and municipal powers? All persons desiring to vote for approval of 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 the Act, it shall become of full force and effect as provided in subsection (c) of Section 19 of this Act. If Part I of the 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 this Act shall be

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automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Richmond County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 19 . (a) Section 18 of this Act, this section, and Section 20 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective on July 1, 1995. (c) Part I of this Act shall become effective on May 1, 1995, for the purpose of conducting elections of the initial members of the Augusta-Richmond County Commission-Council and shall become effective on January 1, 1996, for all purposes but only if an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta and this Act is approved in the referendum provided for in Section 18 of this Act. Those provisions of Part I of this Act which relate to the City of Hephzibah or which create Urban Services District H shall be repealed on January 1, 1996, unless an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Hephzibah and Part I of this Act becomes effective as provided in this subsection. SECTION 20 . 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 1995 Session of the General Assembly of Georgia a bill to amend the Charter and Laws pertaining to the City of Augusta, so as to consolidate the governments of the City of Augusta and Richmond County, Georgia; to provide for a countywide government for the City of Augusta and Richmond County; to repeal conflicting laws; and for other purposes. This 17th day of January, 1995. CHARLES W. WALKER Senator, 22nd District GEORGIA, FULTON COUNTY

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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 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle, which is the official organ of Richmond County, on the following date: January 17, 1995. /s/ Jack Connell Representative, 115th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Lea Lange London Notary Public, My Commission Expires April 20, 1996 (SEAL) Approved March 27, 1995. LAMAR COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 65 (House Bill No. 527). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Lamar County shall be elected by the qualified voters of Lamar County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in the year immediately preceding the expiration of the term of office of the probate judge serving on January 1, 1995, 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, and shall take office on January 1 immediately following such

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election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her 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 or her 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, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County; and for other purposes. This 18th day of January, 1995. /s/ Larry Smith Larry Smith Representative, 109th District
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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 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Barnesville Herald-Gazette, which is the official organ of Lamar County, on the following date: January 24, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 26th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF GARDEN CITY MUNICIPAL COURT; PENALTIES. No. 66 (House Bill No. 619). 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 terms of imprisonment and community service from 90 days to 12 months; to increase from 90 days to 12 months the maximum term of imprisonment or community service for violations of the provisions of the charter of Garden City, Georgia, as amended, for which no term of imprisonment or community service 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), as amended, is amended by striking subsection (a) of Article IV, Section 4.13 and inserting in lieu thereof a new subsection (a) to read as follows: (a) 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 a punishment shall not exceed $500.00 or ten days in the jail. The

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recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months, or both, and as an alternative to a fine or imprisonment, to sentence any offender upon conviction to community service for a period not exceeding 12 months. 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 Article VIII, 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 herein 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 12 months, or both such fine and imprisonment, or, as an alternative to a fine or imprisonment, by a sentence of community service for a period not exceeding 12 months. 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 1995 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 sentences of imprisonment and community service from ninety (90) days to twelve (12) months; to increase from ninety (90) days to twelve (12) months the maximum term of imprisonment or community service for violations of the provisions of the Charter of Garden City, Ga., 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 18th day of January, 1995. Sonny Dixon State Representative 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 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 23, 1995. /s/ Sonny Dixon Representative, 150th District Sworn to and subscribed before me, this 1st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. OCONEE COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 67 (House Bill No. 467). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Oconee County shall be elected by the qualified voters of Oconee County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1996 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, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not

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be required to place the name of any such candidate on the primary ballot. A candidate may have his or her 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 or her 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 the nominees and shall be the only candidates for such office to have their names appear on the general election ballot. SECTION 5 . The names of all candidates for the office of judge of the probate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide that the Judge of the Probate Court of Oconee County shall be elected on a nonpartisan basis; and for other purposes. This 9th day of January, 1995. Frank E. Stancil Representative, 91st 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 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Oconee Enterprise, which is the official organ of Oconee County, on the following date: January 19, 1995. /s/ Frank E. Stancil Representative, 91st District Sworn to and subscribed before me, this 27th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. LOWNDES COUNTY STATE COURT; SOLICITOR; FULL-TIME; COMPENSATION. No. 68 (House Bill No. 637). AN ACT To amend an Act creating the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4097), so as to provide that the solicitor of the state court shall be full time and may not engage in the private practice of law; to change the compensation of such solicitor and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4097), is amended by striking subsection (b) of Section 6 of said Act and substituting in lieu thereof a new subsection (b) to read as follows: (b)(1) The solicitor of the State Court of Lowndes County shall be full time within the meaning of Article 2 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated and shall not engage in the private practice of law. (2) The solicitor of the State Court of Lowndes County shall be compensated in an amount which is equal to: (A) The annual compensation now or hereafter paid from state funds to district attorneys of this state; and

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(B) One-half of the amount of employee contributions for solicitors' and spouses' benefits coverage required under the Trial Judges and Solicitors Retirement Fund based on the compensation provided in subparagraph (A) of this paragraph. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Lowndes County, approved December 11, 1901 (Ga. L. 1901, p. 176); and for other purposes. This 30th day of January, 1995. Tim Golden Representative 177th District 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 177th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the following date: February 3 1995. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 7th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. HARRIS COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 69 (House Bill No. 412). AN ACT To authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Harris

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County; to provide for practices and procedures connected therewith; to provide for applicability of certain laws; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . For the purpose of providing funds for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Harris County is authorized to impose a county law library fee upon all cases in such court as authorized and defined in Code Section 36-15-9 of the Official Code of Georgia Annotated, in addition to all other legal costs. SECTION 2 . The amount of the fee to be imposed shall be no greater than the sum authorized in Code Section 36-15-9 of the Official Code of Georgia Annotated and shall be in the same sum as that set by the chief judge of the Superior Court of Harris 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 the Magistrate Court of Harris County. SECTION 4 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that at the request of the Board of Commissioners of Harris County, there will be introduced at the regular 1995 session of the General Assembly of Georgia, a bill to authorize the imposition, collection, and disposition of County Law Library fees as a part of the court costs in the Magistrate Court of Harris County, to provide for practices and procedures connected therewith, to provide for applicability of certain laws, to provide for related matters, to provide an effective date, to repeal conflicting laws, and for other purposes. This the 9th day of January, 1995. Vance C. Smith, Jr., Representative 102nd District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance C. Smith, Jr., who, on oath, deposes and says that he is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official organ of Harris County, on the following date: January 12, 1995. /s/ Vance C. Smith, Jr. Representative, 102nd District Sworn to and subscribed before me, this 25th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF OMAHA DISPOSITION OF ASSETS AND LIABILITIES. No. 70 (House Bill No. 386). AN ACT To amend an Act which repealed the charter of the City of Omaha and abolished the city, approved March 24, 1994 (Ga. L. 1994, p. 3815), so as to provide for the disposition of the assets and liabilities, causes of action, accounts, and real and personal property of the City of Omaha; to provide for the transfer of all such assets, liabilities, causes of action, accounts, and real and personal property to the governing authority of Stewart County and for the assumption thereof by Stewart County; to provide for the payment of the debts of the city; 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 which repealed the charter of the City of Omaha and abolished the city, approved March 24, 1994 (Ga. L. 1994, p. 3815), is amended by adding, following Section 1, a new Section 1.1 to read as follows: SECTION 1.1. All of the assets and liabilities, causes of action, accounts, contracts, and real and personal property of the City of Omaha in existence on the date of the abolition of the city under this Act are transfered to the governing

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authority of Stewart County. Any unencumbered assets of such city shall first be used by the governing authority of the county to pay any debts and fulfill any contracts of the city in existence on the date of abolition of the city or arising thereafter. Any remaining assets or property shall be and become the property of Stewart County to be retained, used, and disposed of as directed by the governing authority of such 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 1995 session of the General Assembly of Georgia a bill to amend an Act which repealed the charter of the City of Omaha and abolished the city, approved March 24, 1994 (Ga. L. 1994, p. 3815); and for other purposes. This 12th day of January, 1995. Gerald Greene State Representative District 158 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 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal, which is the official organ of Stewart County, on the following date: January 19, 1995. /s/ Gerald Greene Representative, 158th District Sworn to and subscribed before me, this 24th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. EFFINGHAM COUNTY STATE COURT; JUDGE; COMPENSATION. No. 71 (House Bill No. 535). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by art Act

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approved March 30, 1993 (Ga. L. 1993, p. 4269), so as to change the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4269), is amended by striking in Section 2A the following: $19,800.00 and inserting in lieu thereof the following: $24,000.00, so that as so amended, Section 2A shall read as follows: SECTION 2A. The judge of said court shall receive a salary of $24,000.00 per year which shall be paid monthly by the treasurer of Effingham County; and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his or her own. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1995 session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Herald, which is the official organ of Effingham County, on the following date: January 11, 1995. /s/ Ann R. Purcell Representative, 147th District Sworn to and subscribed before me, this 31st day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CLAYTON COUNTY BOARD OF EDUCATION; PARTISAN PRIMARIES AND ELECTIONS. No. 72 (Senate Bill No. 197). AN ACT To amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide that such members shall be nominated and elected in partisan primaries and elections; to provide for certain submissions; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act changing the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), is amended by striking subsection (c) of Section 1 thereof, which reads as follows: (c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected at primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code,' as now or hereafter amended. Nomination and election of members of the board shall be partisan or nonpartisan, according to the results of the referendum election provided for in Section II of the Act enacting this subsection.,

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and inserting in its place the following: (c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected in partisan primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' SECTION 2 . It shall be the duty of the Board of Education of Clayton County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635); and for other purposes. This 11th day of January, 1995. CLAYTON COUNTY LEGISLATIVE DELEGATION GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 13, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 24th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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DAWSON COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUMS. No. 73 (Senate Bill No. 176). AN ACT To create the Board of Commissioners of Dawson County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for submission; to provide for the specific repeal of a local Act; to provide for referendums and the submission of options and questions related thereto to the electors of Dawson County; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART 1 SECTION 1-1 . There is created the Board of Commissioners of Dawson County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Dawson County and shall continue to have the obligations and liabilities of the commissioner of Dawson County as existed immediately prior to January 1, 1997. The board of commissioners shall constitute the governing authority of Dawson County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term board, whenever used in this Act, shall mean the Board of Commissioners of Dawson County, including the chairperson and all members. SECTION 1-2 . (a) The board of commissioners of Dawson County shall consist of a chairperson and four district commissioners. The four district commissioners

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shall be residents of their respective commissioner districts described in subsection (b) of this section, but shall be elected by the electors of the entire county as provided in Section 1-3 of this Act. The chairperson shall be elected at large as provided in Section 1-3 of this Act. (b) For the purpose of electing members of the board of commissioners, Dawson County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of Dawson County: Commissioner District: 1 DAWSON COUNTY VTD: 0010 AMICALOLA VTD: 0050 PUROYS VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 101, 102, 103, 104B, 105B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137B, 143C, 144, 165, 166, 167, 168, 169, 170, 171, 172B, 173B, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 202, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 269, 270, 271, 272 Commissioner District: 2 DAWSON COUNTY VTD: 0030 DAWSONVILLE (Part) Tract: 9701. Block(s): 188A, 189, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 229, 230, 231A, 231B, 232A, 232B, 233A, 233B, 234A, 234B, 235A, 235B, 236A, 236B, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253A, 253B, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258B, 259, 260, 261, 262 Tract: 9702. Block(s): 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 119, 129, 130, 131, 132, 133, 134, 135, 201, 295, 296, 297 VTD: 0070 SHOAL CREEK (Part) Tract: 9701.

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Block(s): 201 Commissioner District: 3 DAWSON COUNTY VTD: 0040 KILOUGH VTD: 0060 SANFORD Commissioner District: 4 DAWSON COUNTY VTD: 0020 BLACKS VTD: 0030 DAWSONVILLE (Part) Tract: 9701. Block(s): 263, 264, 265, 266, 267, 268 Tract: 9702. Block(s): 117, 118, 120, 121, 122, 123, 156, 157, 202, 203, 204, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 (c) For purposes of subsection (b) 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 Dawson County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner district contiguous to such, part

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which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Dawson County which is described in subsection (b) of 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 1-3 . (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must have resided in that district for at least 12 months prior to election thereto, and must receive a majority of the votes cast for that office by the electors of the entire county. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Dawson County for at least 12 months prior to election to such office, may reside anywhere within Dawson County, and must receive a majority of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Dawson County during that person's term of office or that office shall thereupon become vacant. SECTION 1-4 . (a) The first chairperson and members of the Board of Commissioners of Dawson County shall be elected at the state-wide general election which shall be conducted on the Tuesday next following the first Monday in November, 1996. Those members of the board elected thereto from Commissioner Districts 1 and 3 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respective successors. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire

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December 31, 2000, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (c) The commissioner of Dawson County who is in office on January 1, 1996, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 1996. SECTION 1-5 . (a) In the event of a vacancy occuring on or after January 1, 1997, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Dawson County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson

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of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board. SECTION 1-6 . Before entering upon the discharge of their duties, the chairperson and 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. In addition, the chairperson shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury. SECTION 1-7 . (a) Commissioners, other than the chairperson, shall be paid a salary of $400.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Dawson County. (b) The chairperson shall serve in such capacity on a full-time basis and shall receive an annual salary equal to the total compensation, including all supplemental fees, which the highest paid constitutional officer in Dawson County would receive if that constitutional officer were elected the same year as the chairperson, plus 10 percent of such amount. In addition thereto: (1) The chairperson shall receive any longevity increase upon reelection which shall be authorized by law for any constitutional county officer; (2) The chairperson shall receive any cost-of-living increase authorized by law for any constitutional county officer; and (3) The chairperson shall receive as additional compensation an annual contribution to a pension plan equal to the highest contribution paid by the county into the pension plan of any constitutional officer. Such compensation shall be paid in equal monthly installments from the funds of Dawson County. (c) The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may

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be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. SECTION 1-8 . At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year. SECTION 1-9 . The board of commissioners shall hold two regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order . SECTION 1-10 . The chairperson shall be the chief elected officer of the county government, shall supervise the day-to-day operations of county government, and shall preside over the meetings of the board of commissioners. The policies, rules, and regulations adopted by the board of commissioners shall be carried out, executed, and enforced by the chairperson. The duties of the chairperson shall include, but shall not be limited to, the following:

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

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(8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Dawson County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Dawson County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices. SECTION 1-12 . Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Dawson County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. SECTION 1-13 . The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. SECTION 1-14 . The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of

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commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same. SECTION 1-15 . The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Dawson County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commissioners, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of Dawson County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. SECTION 1-16 . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners shall enforce compliance with this provision by all departments of county

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government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. SECTION 1-17 . The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Dawson County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Dawson County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 1-18 . An Act creating the office of commissioner of Dawson County, approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended, is repealed in its entirety. PART 2 SECTION 2-1 . There is created the Board of Commissioners of Dawson County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Dawson County and shall continue to have the obligations and liabilities of the commissioner of Dawson County as existed immediately prior to January 1, 1997. The board of commissioners shall constitute the governing authority of Dawson County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term board, whenever used in this Act, shall mean the Board of Commissioners of Dawson County, including the chairperson and all members. SECTION 2-2 . (a) The board of commissioners of Dawson County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section, but shall be elected by the electors of the entire county as provided in Section 2-3 of this Act. The chairperson shall be elected at large as provided in Section 2-3 of this Act.

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(b) For the purpose of electing members of the board of commissioners, Dawson County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of Dawson County: Commissioner District: 1 DAWSON COUNTY VTD: 0010 AMICALOLA VTD: 0050 PUROYS VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 101, 102, 103, 104B, 105B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137B, 143C, 144, 165, 166, 167, 168, 169, 170, 171, 172B, 173B, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 202, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 269, 270, 271, 272 Commissioner District: 2 DAWSON COUNTY VTD: 0030 DAWSONVILLE (Part) Tract: 9701. Block(s): 188A, 189, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 229, 230, 231A, 231B, 232A, 232B, 233A, 233B, 234A, 234B, 235A, 235B, 236A, 236B, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253A, 253B, 254, 255A, 255B, 256A, 256B, 257A, 257B, 258A, 258B, 259, 260, 261, 262 Tract: 9702. Block(s): 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 116, 119, 129, 130, 131, 132, 133, 134, 135, 201, 295, 296, 297 VTD: 0070 SHOAL CREEK (Part) Tract: 9701. Block(s): 201 Commissioner District: 3

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DAWSON COUNTY VTD: 0040 KILOUGH VTD: 0060 SANFORD Commissioner District: 4 DAWSON COUNTY VTD: 0020 BLACKS VTD: 0030 DAWSONVILLE (Part) Tract: 9701. Block(s): 263, 264, 265, 266, 267, 268 Tract: 9702. Block(s): 117, 118, 120, 121, 122, 123, 156, 157, 202, 203, 204, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 (c) For purposes of subsection (b) 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 Dawson County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and

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(6) Any part of Dawson County which is described in subsection (b) of 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 2-3 . (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must have resided in that district for at least 12 months prior to election thereto, and must receive a majority of the votes cast for that office by the electors of the entire county. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Dawson County for at least 12 months prior to election to such office, may reside anywhere within Dawson County, and must receive a majority of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Dawson County during that person's term of office or that office shall thereupon become vacant. SECTION 2-4 . (a) The first chairperson and members of the Board of Commissioners of Dawson County shall be elected at the state-wide general election which shall be conducted on the Tuesday next following the first Monday in November, 1996. Those members of the board elected thereto from Commissioner Districts 1 and 3 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respective successors. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2000, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson

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and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (c) The commissioner of Dawson County who is in office on January 1, 1996, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 1996. SECTION 2-5 . (a) In the event of a vacancy occurring on or after January 1, 1997, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Dawson County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date

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the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board. SECTION 2-6 . Before entering upon the discharge of their duties, the chairperson and 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. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, 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 2-7 . (a) Commissioners, other than the chairperson, shall be paid a salary of $400.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Dawson County. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $500.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Dawson County. (c) The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. SECTION 2-8 . At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.

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SECTION 2-9 . The board of commissioners shall hold two regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order . SECTION 2-10 . The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following: (1) Calling meetings of the board as provided in Section 2-9; (2) Presiding at meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions to the board of commissioners for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the commission; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance. SECTION 2-11 . The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only

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those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Dawson County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Dawson County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated;

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(17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices. SECTION 2-12 . Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Dawson County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. SECTION 2-13 . The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. SECTION 2-14 . The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same. SECTION 2-15 . The office of county manager is created. The county manager shall be appointed by the board of commissioners and shall serve at the pleasure of the board of commissioners. Any person appointed as county manager shall possess such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. In conformity with policies and procedures established by the board of commissioners, it shall be the duty of the county manager to administer the affairs and day-to-day business of the county, to perform duties of an administrative nature, and to exercise such powers and responsibilities which may be determined by the board and which are not assigned to another person, office, or entity by law or ordinance. SECTION 2-16 . The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including

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capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Dawson County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commissioners, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of Dawson County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. SECTION 2-17 . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners and the county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. SECTION 2-18 . The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be

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made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Dawson County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Dawson County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 2-19 . An Act creating the office of commissioner of Dawson County, approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended, is repealed in its entirety. PART 3 SECTION 3-1 . It shall be the duty of the governing authority of Dawson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. SECTION 3-2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dawson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dawson County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dawson County. The ballot shall have written or printed thereon the words: Question No. 1 () YES () NO Shall the governing authority of Dawson County be changed from a single commissioner form of government to a board of commissioners to be composed of a chairperson and four additional commissioners? Question No. 2 If a majority of the votes cast on Question No. 1 are in favor of changing the governing authority of Dawson County to a board of commissioners,

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select the type of board which you favor by placing a check ([unk]) mark or (X) in the appropriate space below. Vote for only one of the options below: OPTION 1 ..... A board of commissioners composed of a full-time chairperson, who shall be the chief executive of the county and run the day-to-day business of the county government, and four additional part-time commissioners; or OPTION 2 ..... A board of commissioners composed of a chairperson and four additional commissioners, all of whom shall be part-time, and a full-time county manager. No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the governing authority of Dawson County from a single commissioner form of government to a board of commissioners shall vote Yes on Question No. 1 and those persons desiring to vote against changing the governing authority of Dawson County from a single commissioner form of government to a board of commissioners shall vote No on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Dawson County from a single commissioner form of government to a board of commissioners, then either Part 1 or Part 2 of this Act shall become effective as provided in this section. If more than one-half of the votes cast on Question No. 1 are against changing the governing authority of Dawson County from a single commissioner form of government to a board of commissioners or if the election is not conducted as provided in this section, then neither Part 1 nor Part 2 of this Act shall become effective and this Act shall be automatically repealed on July 1, 1996. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Dawson County from a single commissioner form of government to a board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or if there is a tie vote between Option 1 and Option 2, then Part 1 of this Act shall become effective immediately for the sole purpose of conducting the elections required by Section 1-4 and for all purposes on January 1, 1997, and Part 2 of this Act shall be automatically repealed on July 1, 1996. If more than one-half of the votes cast on Question No. 1 are for approval

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of changing the governing authority of Dawson County from a single commissioner form of government to a board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Part 2 of this Act shall become effective immediately for the sole purpose of conducting the elections required by Section 2-4 and for all purposes on January 1, 1997, and Part 1 of this Act shall be automatically repealed on July 1, 1996. The expense of such election shall be borne by Dawson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3-3 . The provisions of Sections 3-1, 3-2, 3-4, and this section shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions shall become effective as provided in Section 3-2 of this Act. 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 1995 session of the General Assembly of Georgia a bill to create the Board of Commissioners of Dawson County; to provide for referendums and the submission of options and questions related thereto to the electors of Dawson County; and for other purposes. This 13th day of January, 1995. Kenneth Long GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Middleton, 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

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The Dawson County Advertiser, which is the official organ of Dawson County, on the following date: January 19, 1995. /s/ Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 24th day of January, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. CLAYTON COUNTY DEPUTY TAX COMMISSIONER; COMPENSATION; BENEFITS. No. 74 (Senate Bill No. 258). AN ACT To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4626), so as to change certain provisions relative to the compensation of the deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4626), is amended by striking from subsection (b) of Section 7A the following: $36,000.00, and inserting in lieu thereof the following: $37,800.00, so that when so amended subsection (b) reads as follows: (b) The deputy tax commissioner shall receive as compensation for his or her services a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed $37,800.00 per annum,

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payable in equal monthly installments from the funds of Clayton County. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended; and for other purposes. This 24th day of January, 1995. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 26, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 27th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. STEWART COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS; TERMS. No. 75 (House Bill No. 385). AN ACT To amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21,

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1969 (Ga. L. 1969, p. 2264), as amended by an Act approved February 28, 1994 (Ga. L. 1994, p. 3584), so as to provide for the election of members of the board of education; to provide for education districts; to provide for the current members of the board; to provide for elections and terms of office; to provide that primaries and elections for the members of the board of education shall be nonpartisan; 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 Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended by an Act approved February 28, 1994 (Ga. L. 1994, p. 3584), 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 Stewart County shall be composed of five members who shall be elected as provided in this section. (b) For the purpose of electing the members of the board of education, the Stewart County School District is divided into five education districts as follows: Education District 1 STEWART COUNTY VTD: 2802 LUMPKIN (Part) Tract: 9502. Block(s): 164A, 177, 178, 179, 180 Tract: 9503. Block(s): 114A, 114B, 119A, 119B, 120, 121, 122, 127, 128, 129, 130, 131, 133, 134, 209B, 210, 211, 212, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 217A, 217B, 218A, 218B, 219, 220, 221, 222, 223, 244, 246, 247, 248B, 251, 258, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289 VTD: 2803 OMAHA (Part) Tract: 9502. Block(s): 111, 112, 113, 114, 115, 116, 123, 124, 125, 126A, 126B, 127, 128, 129, 130A, 130B, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143A, 143B, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153,

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154, 155A, 158A, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 181, 182, 183, 184, 196, 197 Tract: 9503. Block(s): 224A, 227, 228A, 229, 230, 231, 240, 292 VTD: 2804 LOUDALE (Part) Tract: 9502. Block(s): 117, 155B, 156, 157, 158B, 159, 160, 161, 162, 163 Education District 2 STEWART COUNTY VTD: 2802 LUMPKIN (Part) Tract: 9503. Block(s): 105, 106, 108A, 112A, 112B, 113, 115A, 115B, 116, 117, 118A, 118B, 123, 124, 125, 126, 149, 150, 151A, 151B Block(s): That part of block 156A lying east of Oak Street extended to Liberty Street Block(s): 156B, 157, 158, 159, 165 VTD: 2804 LOUDALE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 118, 119, 120, 121, 122, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 Tract: 9503. Block(s): 101, 102, 103, 104, 107 VTD: 2807 BROOKLYN Education District 3 STEWART COUNTY VTD: 2801 RICHLAND (Part) Tract: 9501. Block(s): 129, 130, 134, 135, 136A, 136B, 137, 139, 140A, 140B, 142, 143, 144A, 144B, 145A, 145B, 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, 183, 186, 187,

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188A, 188B, 189, 190B, 192, 193, 211, 212, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223B, 228A, 229 VTD: 2802 LUMPKIN (Part) Tract: 9503. Block(s): 108B, 109 Education District 4 STEWART COUNTY VTD: 2801 RICHLAND (Part) Tract: 9501. Block(s): 181, 182, 184, 185, 190A, 191, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 285, 286, 287, 288, 289, 290, 291 VTD: 2805 PATAULA (Part) Tract: 9501. Block(s): 240, 241, 242, 243, 245, 256, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284 Education District 5 STEWART COUNTY VTD: 2801 RICHLAND (Part) Tract: 9501. Block(s): 223A, 224, 225, 226, 227, 228B, 244, 248, 249 VTD: 2802 LUMPKIN (Part) Tract: 9503. Block(s): 110A, 110B, 111, 132, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 152, 153, 154, 155 Block(s): That part of block 156A lying west of Oak Street extended to Liberty Street Block(s): 160, 161, 162, 163, 164, 166, 167, 168, 169, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209A, 248A, 249, 250, 290, 291 VTD: 2805 PATAULA (Part)

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Tract: 9501. Block(s): 246, 247, 250, 251, 252, 253, 254, 255, 257, 273, 274 Tract: 9503. Block(s): 259, 260, 261 VTD: 2806 SCIENCEVILLE VTD: 2808 MIDWAY (c) For purposes of subsection (b) 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 Stewart County School District which is not included in any education district described in subsection (b) of 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 Stewart County School District which is described in subsection (b) of 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) The members of the board of education who are in office on January 1, 1995, shall continue to serve until January 1, 1997, and until their successors are elected and qualified. Billy M. Lee shall represent Education District 1, David White shall represent Education District 2,

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Janice French shall represent Education District 3, Joan Flowers shall represent Education District 4, and Eugene Baldwin shall represent Education District 5. Successors to the members representing Education District 1, Education District 2, Education District 3, Education District 4, and Education District 5 shall be elected in the November general election in 1996 and shall take office on the first day of January following their election. Members elected in the 1996 November general election from Education District 2 and Education District 3 shall have initial terms of office ending on December 31, 1998, and until their respective successors are elected and qualified. Members elected in the 1996 November general election from Education District 1, Education District 4, and Education District 5 shall have initial terms of office ending on December 31, 2000, and until their respective successors are elected and qualified. Thereafter, successors to the members of the board shall be elected in the November general election immediately preceding the expiration of the respective terms of office, shall take office on the first day of January following the date of the election, and shall have terms of office of four years and until their respective successors are elected and qualified. (e) All members of the board of education who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the Official Code of Georgia Annotated. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended by an Act approved February 28, 1994 (Ga. L. 1994, p. 3584); and for other purposes. This 12th day of January, 1995. Gerald Greene 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 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Stewart-Webster Journal, which is the official organ of Stewart County, on the following date: January 19, 1995. /s/ Gerald Greene Representative, 158th District Sworn to and subscribed before me, this 24th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. HABERSHAM COUNTY CORONER; COMPENSATION. No. 76 (House Bill No. 645). AN ACT To amend an Act placing the coroner of Habersham County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 3150), as amended, particularly by an Act approved March 9, 1981 (Ga. L. 1981, p. 3082), so as to change the salary of the coroner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act placing the coroner of Habersham County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 3150), as amended, particularly by an Act approved March 9, 1981 (Ga. L. 1981, p. 3082), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new section to read as follows: SECTION 2. The coroner shall receive an annual salary of $7,000.00, payable in equal monthly installments from the funds of Habersham 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 1995 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Habersham County on an annual salary, approved April, 17,

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1973 (Ga. L. 1973, p. 3150), as amended, particularly by an Act approved March 9, 1981 (Ga. L. 1981, p. 3082), so as to change the salary of the coroner; to repeal conflicting laws; and for other purposes. This..... day of....., 1995. Honorable Ben Purcell Representative, 9th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Purcell, 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 Northeast Georgian, which is the official organ of Habersham County, on the following date: January 31, 1995. /s/ Ben Purcell Representative, 9th District Sworn to and subscribed before me, this 7th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF FORSYTH MAYOR AND COUNCIL; ELECTIONS. No. 77 (House Bill No. 897). AN ACT To amend an Act to provide a new charter for the City of Forsyth, approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended, so as to change the time for holding elections for the offices of mayor and councilmembers; to provide for a statement of intent; 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 provide a new charter for the City of Forsyth, approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended, is amended by striking Section 5.101, relating to the time for holding regular elections, in its entirety and inserting in lieu thereof the following:

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SECTION 5.101. The mayor and those three councilmembers elected at the regular election in November, 1991, shall serve for terms of four years and until their successors are elected and qualified. The remaining three councilmembers elected at the regular election in November, 1993, shall serve for terms of four years and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1995, and on said date every four years thereafter, there shall be an election for mayor and those three councilmembers elected in November, 1991. On the Tuesday next following the first Monday in November, 1997, and on said date every four years thereafter, there shall be an election for those three councilmembers elected in November, 1993. Thereafter, the terms of office of all members of the council and the mayor shall begin January 1 following the year of their election and shall continue for a period of four years thereafter and until their successors are elected and qualified. SECTION 2 . It is the intent of the General Assembly in enacting this legislation to conform this provision of the charter of the City of Forsyth to the remaining provisions of said charter and provisions of general law relating to the election of the mayor and councilmembers of the City of Forsyth. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Forsyth, approved March 23, 1977 (Ga. L. 1977, p. 3980), as amended, so as to change the time for holding elections for the offices of mayor and council members; and for other purposes. This 3rd day of February, 1995. /s/ Curtis S. Jenkins Representative, 110th 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 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Monroe County Reporter, which is the official organ of Monroe County, on the following date: February 8, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. PUTNAM COUNTY BOARD OF EDUCATION; COMPENSATION. No. 78 (House Bill No. 902). AN ACT To amend an Act changing the method of electing members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), as amended, so as to change the compensation of such members; to provide 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 electing members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), as amended, is amended by striking Section 2.1 in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows: SECTION 2.1. Each member of the Board of Education of Putnam County shall receive as compensation for the performance of that person's duties as such member $400.00 per month and shall receive in addition thereto reimbursement for actual expenses incurred by such member outside the county while engaged in official business of the board for which such member has received prior approval by the board. Funds for the compensation and expenses authorized by this section shall come from funds available to the Putnam County Board of Education. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

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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 1995 session of the General Assembly of Georgia a bill to amend an Act changing the method of electing members of the Board of Educatlor of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), as amended; and for other purposes. This 14th day of Feb., 1995. R. M. Channell GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, 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 Eatonton Messenger, which is the official organ of Putnam County, on the following date: February 16, 1995. /s/ Mickey Channell Representative, 111th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. HENRY COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 79 (House Bill No. 904). AN ACT To provide a homestead exemption from certain Henry 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 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Page 3724

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 Henry County, including, but not limited to, taxes to pay interest on and retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2 . (a) Each resident of Henry County who is 65 years of age or over is granted an exemption on that person's homestead from all Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of that homestead. (b) 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 Henry County giving the person's age 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 Henry 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. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit 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 Henry 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 school district purposes.

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The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Henry 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, 1997. SECTION 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 1996, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of the county who are 65 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast 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, 1997. 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 Henry 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.

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SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regulard 1995 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Henry County ad valorem taxes for county purposes for certain residents of that county 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. This 7th day of February, 1995. Larry Smith Rep. District 109 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 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: February 10, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 13th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. UPSON COUNTY BOARD OF COMMISSIONERS; COUNTY ADMINISTRATOR. No. 80 (House Bill No. 906). AN ACT To amend an Act creating a board of commissioners of roads and revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, so as to provide for the appointment of a county administrator;

Page 3727

to provide for the duties and compensation of the county administrator; 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 Upson County, approved February 1, 1877 (Ga. L. 1877, p. 3729), as amended, is amended by inserting a new section to be designated Section 5, to read as follows: SECTION 5. (a) The board shall appoint by majority vote annually at the first meeting in January a county administrator, who shall serve at the pleasure of the board and shall be compensated as established by resolution or ordinance of the board. (b) The county administrator shall be the chief administrative officer of the county and shall serve under the direct supervision of the board to direct and coordinate the administration of county government in accordance with the policies established by the board. (c) Without limiting the generality of subsection (b) of this section, the duties of the county administrator shall include: (1) Serving as clerk to the board of commissioners, recording official actions, and maintaining minutes of meeting of the board; (2) Serving as county purchasing agent; (3) Serving as county personnel director, performing duties including advertising employment opportunities, assuring that payrolls are processed in a timely manner, processing complaints and grievances with regard to employment, and counseling with employees regarding retirement, insurance, workers' compensation, and other employee benefits; (4) Serving as county treasurer, receiving, recording, and accounting for all county funds; (5) Developing materials for meetings of the board; (6) Assisting department heads with budget preparation; (7) Acting as liaison between the board and the public by responding to inquiries and resolving conflicts; (8) Supervising the commissioners' office personnel and other personnel as assigned; and (9) Performing other duties as assigned by the board.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced at the regular 1995 Session of the General Assembly of Georgia for the purpose of establishing the position of County Administrator and defining the duties of said position. February 7, 1995 Robert M. Crawford Representative, 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times, which is the official organ of Upson County, on the following date: February 8, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. BUTTS COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 81 (House Bill No. 877). AN ACT To amend an Act making provisions for the Magistrate Court of Butts County, approved March 15, 1984 (Ga. L. 1984, p. 4308), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4596), so as to change the provisions relating to the election of the chief magistrate of such court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3729

SECTION 1 . An Act making provisions for the Magistrate Court of Butts County, approved March 15, 1984 (Ga. L. 1984, p. 4308), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4596), is amended by striking Section 1 thereof and inserting in its place the following: SECTION 1. The chief magistrate to succeed the chief magistrate of Butts County in office on January 15, 1995, and future successors shall be nominated and elected by the voters of the county in a nonpartisan primary and election in the manner provided by Code Section 21-2-139 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 1995 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Butts, County, approved March 15, 1984 (Ga. L. 1984, p. 4308), as amended; and for other purposes. This 20th day of February, 1995. Larry Smith Representative 109th 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 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus, which is the official organ of Butts County, on the following date: February 22, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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MITCHELL COUNTY BOARD OF EDUCATION; COMPENSATION. No. 82 (House Bill No. 874). AN ACT To amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, approved March 19, 1984 (Ga. L. 1984, p. 4383), so as to change the compensation of the chairman and members of such board; to provide for a per diem; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, approved March 19, 1984 (Ga. L. 1984, p. 4383), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: SECTION 1. The chairman of the Board of Education of Mitchell County shall be compensated in the amount of $175.00 per month, and each of the other members of the Board of Education of Mitchell County shall be compensated in the amount of $150.00 per month. The chairman and each member of the board shall receive a per diem of $50.00 while meeting and traveling outside Mitchell County as the chairman or a member of the board on official business first authorized by a majority of the board. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 Session of the General Assembly of Georgia a bill to provide for the compensation of the chairmen and members of the Board of Education of Mitchell County, Georgia; and for other purposes. /s/Herman Wilson HERMAN WILSON, CHAIRMAN, MITCHELL COUNTY BOARD OF EDUCATION GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 164th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official organ of Mitchell County, on the following date: February 22, 1995. /s/ A. Richard Royal Representative, 164th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY CHAIRMAN AND MEMBERS; QUALIFICATIONS; COMPENSATION. No. 83 (House Bill No. 879). AN ACT To amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to change the qualifications of the chairman and members; to change the provisions relating to compensation of the chairman and members; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, is amended by striking from Section 2 the second undesignated paragraph and inserting in its place the following: The Authority shall consist of seven members. The members of the Authority in office on the effective date of this Act shall serve until June 30, 1991, and until their successors have been appointed and qualified as provided in this section. The grand jury shall appoint the new members of the Authority during its May, 1991, term and the members so appointed shall take office on July 1, 1991. One member of the Authority shall be the chairman of the board of commissioners of Cherokee

Page 3732

County. Such member shall serve for a term of office as a member of the Authority which runs concurrent with such person's term of office as chairman of the board of commissioners. Each successor to such member shall be the person elected as chairman of the board of commissioners. One member shall be a resident of a municipality in Cherokee County the water system of which municipality has, at the time of such appointment, been integrated into the county water system. Such member shall continue to be a resident of that municipality during such member's term of office or a vacancy shall be created. Such member may be the mayor or a councilmember of any such municipality. Such member shall be appointed for an initial term of office of two years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed from the county at large. Such member shall continue to be a resident of Cherokee County during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of four years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 1 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of two years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 2 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of two years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 3 of the county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of four years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. One member shall be appointed to represent the district composed of Post 4 of the

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county commission. Such member shall continue to reside within such district during such member's term of office or a vacancy shall be created. Such member shall be appointed for an initial term of office of four years and until his successor is appointed and qualified. Each successor to such member shall be appointed for a term of office of four years and until his successor is appointed and qualified and shall take office on July 1 immediately following his appointment. The Authority shall advertise in the legal organ of the county once a week for four weeks beginning in April, 1991, that persons interested in serving on the Authority should submit a resume to the Authority. A similar notice shall be mailed by the Authority to each Authority customer not later than May 1, 1991. All resumes or other recommendations received by the Authority shall be delivered to the grand jury. In order to be qualified to serve as a member of the Authority a person must: be 21 years of age or older; have been a resident of Cherokee County for one year preceding his appointment; be a residential or commercial customer of the Authority at the time of appointment; not have been convicted of a felony; not hold any elected office for a period of one year preceding his appointment, provided that this limitation shall not apply with respect to the member of the Authority who is required to be a resident of a municipality in Cherokee County the water system of which has been integrated into the county water system if that member is the mayor or a councilmember of such municipality; and not have been an employee of Cherokee County for a period of one year preceding his appointment. No person who has served two consecutive terms of office shall be eligible to be appointed as a member of the Authority until a period of four years has elapsed from the expiration date of the second consecutive term of office; provided, however, that for the purpose of this limitation, the term 'consecutive term of office' shall not include any term of office beginning prior to July 1, 1991. All persons appointed by the grand jury shall be selected on the basis of competence and fair representation of the varied interests of the entire county. All regular appointments made by the grand jury following the initial appointments shall be made at the May term of the grand jury immediately preceding the expiration of the term of office of such member. The Authority shall annually elect one of its members as chairman and elect one of its members as vice chairman and it may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Four members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. Any vacancy on said board, either by death, resignation, or otherwise, shall be made by the grand jury at its current term but shall not be made later than its next available term for the remainder of such term of office. SECTION 2 . Said Act is further amended by striking the third undesignated paragraph of which reads as follows:

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The chairman and other members of the Authority shall be entitled to compensation for their services at the rate of $1,200.00 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence., and inserting in its place the following: The chairman and other members of the Authority shall be entitled to compensation for their services at the rate of $100.00 per meeting, including regular meetings, special called meetings, and work sessions of the Authority and if approved in advance or ratified by a majority of the Authority, and other meeting attended by such chairman or member the primary purpose of which is official business of the Authority. In addition to such compensation the chairman and other 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 . 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 1995 session of the General Assembly of Georgia a bill to amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1995 (Ga. L. 1995, p. 2943), as amended; and for other purposes. This 17th day of February, 1995. Representative Melanie Harris, 17th District Representative Steve Stancil, 16th District Representative Garland Pinholster, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Melanie Harris, who, on oath, deposes and says that she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Cherokee Citizen, which is the official organ of Cherokee County, on the following date: February 22, 1995. /s/ Melanie Harris Representative, 17th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. BANKS COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 84 (Senate Bill No. 40). AN ACT To provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The chief magistrate of the Magistrate Court of Banks County shall be elected by the qualified voters of Banks County in a nonpartisan primary and election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1996 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the chief magistrate of the magistrate court, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of chief magistrate of the magistrate court shall be nominated in a nonpartisan primary to be held at the same time as and in

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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 or her name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. SECTION 4 . The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of chief magistrate of the magistrate court and shall be the only candidate for such office to have his or her name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be on the general election ballot. SECTION 5 . The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court an the judge of the Magistrate Court of Banks County; to provide for related matters; to the repeal conflicting laws; and for other purposes. This 27 day of December, 1994. Milton Patterson Chairman Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eddie Madden, who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of

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Notice of Intention to Introduce Local Legislation was published in the Banks County News, which is the official organ of Banks County, on the following date: December 28, 1994. /s/ Eddie Madden Senator, 47th District Sworn to and subscribed before me, this 9th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. BANKS COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 85 (Senate Bill No. 39). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Banks County shall be elected by the qualified voters of Banks County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1996 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, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction

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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 or her 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 or her 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, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court and the judge of the Magistrate Court of Banks County; to provide for related matters; to the repeal conflicting laws; and for other purposes. This 27 day of December, 1994. Milton Patterson Chairman Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eddie Madden, who, on oath, deposes and says that he is Senator from the 47th District, and that the attached copy of

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Notice of Intention to Introduce Local Legislation was published in the Banks County News, which is the official organ of Banks County, on the following date: December 28, 1994. /s/ Eddie Madden Senator, 47th District Sworn to and subscribed before me, this 9th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. FULTON COUNTY LIBRARY SYSTEM; APPLICABILITY TO CITY OF EAST POINT. No. 86 (Senate Bill No. 99). AN ACT To amend an Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, so as to provide for the application of said Act to the City of East Point; to provide for the procedure in connection therewith; to provide 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 establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, is amended by striking subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The provisions of this Act shall apply to the City of East Point, effective January 1, 1996; provided, however, that nothing in this Act shall compel the conveyance of real estate or buildings of any library presently utilized by the City of East Point, nor shall Fulton County be compelled to construct any library within the City of East Point. SECTION 2 . This Act shall become effective on January 1, 1996. 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 in the 1995 Session of the Georgia General Assembly, a bill to amend the Act creating the County-wide Library System in Fulton County Georgia, approved April 12, 1982, (Ga Law 1982, p 4174), as amended, and for other purposes. This..... day of December, 1994. DONZELLA J. JAMES Senator-Elect 35th Senatorial District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donzella J. James, who, on oath, deposes and says that she is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 3, 1995. /s/ Donzella James Senator, 35th District Sworn to and subscribed before me, this 10th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. ROCKDALE COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 87 (House Bill No. 808). AN ACT To create the Board of Elections and Registration of Rockdale County; to provide for the powers and duties of the board; to provide for the appointment, election, qualifications, terms, oaths, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide for an administrative officer, clerical assistants, and other employees; to provide compensation for administrative personnel; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Rockdale County. The board shall have the powers and duties of the former Rockdale County Board of Registrations and Elections created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, relating to the conduct of primaries and elections and relating to the registration of voters and absentee balloting procedures. SECTION 2 . The initial members of the board, who shall take office on July 1, 1995, shall be: (1) Except as provided in paragraph (2) of this subsection, those persons who were serving on June 29, 1992, as members of the board of registrations and elections which was created in and for counties having a population of not less than 18,150 and not more than 18,250 according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended; or (2) If one or more persons have been appointed to fill a vacancy in such office or as successor to a member serving on June 29, 1992, the last person appointed to fill a vacancy in office or as a successor to a member serving on June 29, 1992, shall replace the predecessor member serving on June 29, 1992, as an initial member of the board created by this Act. SECTION 3 . Each subsequent board shall be composed of three members, each of whom shall be an elector and a resident of the county and who shall be selected in the following manner: (1) One member shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly; and one member shall be appointed by the chairperson of the county executive committee of the political party whose candidates received the next largest number of votes at such election; provided, however, each of the appointments shall have been ratified by a majority of the members of each of the respective executive committees voting at a regularly scheduled meeting of the executive committee or a meeting duly called and held for such purposes. In the event the appointments are not ratified by a majority of the members of the executive

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committees at least 45 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect a member by a two-thirds' majority of the membership of the executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 5 of this Act. (2) The two members appointed pursuant to paragraph (1) of this section shall within 30 days, after both such members take office, appoint a third member. The third member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of Section 5 of this Act. SECTION 4 . (a) The appointment or election of each member appointed or elected by political parties shall be made by the respective appointing or electing authority. Said appointing or electing authority shall file an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. (b) The appointment of the member at large shall be made by the other members of the board. Said members of the board shall file an affidavit with the clerk of the superior court, no later than 15 days preceding the date on which such member is to take office, which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. (c) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members, as provided by law for registrars. SECTION 5 . In the event any appointing or electing authority fails: (1) To make a regular appointment within the times specified in Section 4 or Section 5; or (2) To make an interim appointment to fill a vacancy within 60 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the county governing authority. This section shall not apply to the selection process of the member at large.

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SECTION 6 . Each appointed member of the board shall: (1) Serve for a term of two years and until his or her successor is appointed and qualified, except in the event of resignation or removal as provided in this Act; (2) Be eligible to succeed himself or herself and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars. SECTION 7 . In the event a vacancy occurs in the office of any member before the expiration of such member's term by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. SECTION 8 . No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office; and the position of membership of any member shall be deemed vacant upon such member's qualifying as a candidate for said elective public office. The elections superintendent of Rockdale County shall not be eligible to serve as a member of the board. SECTION 9 . (a) (1) The initial members of the board shall take office on July 1, 1995. (2) The board shall take no official action until all members have been certified to the clerk of the superior court. (3) The terms of office of each of the three members of the initial board shall expire on June 30, 1997. (b) (1) Subsequent boards shall be composed of members who shall be appointed for terms of office of two years and until their successors are appointed and qualified in accordance with the provisions of Section 3 of this Act. The members of each subsequent board shall take office on the first day of July following their appointment.

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(2) The board shall take no official action until all members have been certified to the clerk of the superior court. (c) The members of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 10 . (a) The board shall: (1) With regard to the preparation for and conduct of primaries and elections, succeed to and exercise all duties and powers granted to election superintendents by Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto; and (2) With regard to the registration of electors, succeed to and exercise all powers, duties, and responsibilities granted to boards of registrars under Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended, or any other provision of law. (b) The board of registrations and elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election to be conducted within the municipality. SECTION 11 . Any rule or regulation promulgated by a county executive committee of Rockdale County under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., relating to the conduct of conventions and other party affairs, as now or hereafter amended, shall be null and void if in conflict with a valid rule or regulation of the board of registrations and elections. SECTION 12 . Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. SECTION 13 . With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct adequately electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

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SECTION 14 . (a) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. SECTION 15 . (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at a place designated by the governing authority of Rockdale County. Any specially called meeting held pursuant to the bylaws adopted by the board shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. SECTION 16 . The board shall be responsible for the selection and appointment of the administrative director to administer and supervise the conduct of elections, primaries, and registration of electors for the county. The board shall act within 60 days of any resignation or removal of the administrative director to hire a new administrative director from a job description developed by the board. Compensation shall be determined in accordance with the salary schedule for department heads established by the governing authority of the county. Compensation for the administrative director shall be paid by the governing authority wholly from county funds. SECTION 17 . The governing authority of the county shall expend public funds to provide the board with such proper and suitable administrative offices and with such clerical assistants and other employees, approved by the board, as the governing authority shall deem appropriate. Compensation for such administrative personnel shall be paid by the governing authority wholly from county funds. SECTION 18 . In the event the board fails to appoint or retain an administrative director to fill a vacancy within the time specified in Section 16 of this Act, an acting

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administrative director who shall fill temporarily such vacancy shall be appointed forthwith by the county governing authority to serve until the board fills the vacancy as provided in this Act. SECTION 19 . The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practical, from lists provided by the county executive committees of the two political parties appointing or electing members to the board of registrations and elections. SECTION 20 . Compensation for the members of the board shall be $50.00 per month. SECTION 21 . 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., relating to definitions, as now or hereafter amended, unless otherwise clearly apparent from the text of this Act. SECTION 22 . Upon the effective date of this Act, the Rockdale County Board of Registrations and Election created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, shall be relieved from all powers and duties to which the Board of Elections and Registration of Rockdale County succeeds by the provisions of this Act and shall deliver thereafter to the board, upon written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. SECTION 23 . This Act shall become effective on July 1, 1995, except that for the purpose of making appointments to the board, it shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 24 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to create the Board of Elections

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and Registration of Rockdale County; to provide for matters related thereto; and for other purposes. This 4 day of January, 1995. Mike Crotts Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara J. Bunn, who, on oath, deposes and says that she is Representative from the 74th 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 10, 1995. /s/ Barbara J. Bunn Representative, 74th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. LOOKOUT MOUNTAIN JUDICIAL CIRCUIT COURT REPORTERS; COMPENSATION. No. 88 (House Bill No. 821). AN ACT To amend an Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. L. 1969, p. 207), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 526), so as to change the method of setting the salary of the court reporters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit, approved March 28, 1969 (Ga. L. 1969, p. 207), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p.

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526), is amended by striking the first undesignated paragraph of Section 1 of said Act and inserting in its place the following: Each court reporter of the Lookout Mountain Judicial Circuit shall receive an annual salary as set by the presiding judge. Such salary shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of each of the counties embracing said judicial circuit in the same manner as other county expenses are paid or upon the order of the presiding judge of said circuit. Walker County shall pay 43 percent of such salary, Dade County shall pay 10 percent of such salary, Chattooga County shall pay 16 percent of such salary, and Catoosa County shall pay 31 percent of such salary. Said salary compensation shall be in lieu of all fees and any other compensation provided by law for attending the superior courts in the counties comprising said judicial circuit as directed by the presiding judge of said circuit and the taking down of testimony in the trial of such criminal cases as are required by law to be recorded, including a committal court when ordered to do so by said judge at the request of the district attorney of said circuit. 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 1995 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to amend the method of setting the compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. DON TOWNS JOE R. RANDLES REBEKAH E. ARCHER LEIGH ANN McBRYER 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 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Walker County Messenger, which is the official organ of Walker County, on the following date: January 25, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1995 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to amend the method of setting the compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns Joe D. Randles Rebekah E. Archer Leigh Ann McBryar 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 3rd 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: January 26, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1995 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial

Page 3750

Circuit so as to amend the method of setting the compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Joe D. Randles, Rebekah E. Archer, Leigh Ann McBryar 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 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of Catoosa County, on the following date: January 25, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1995 session of the General Assembly of the State of Georgia a bill to amend the Act providing for the Court Reporters of the Lookout Mountain Judicial Circuit so as to amend the method of setting the compensation to be paid said Court Reporters among the counties of the Lookout Mountain Judicial Circuit. E. Don Towns, Joe K. Randles, Rebekah E. Archer, Leigh Ann McBryar. 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 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Dade County Sentinel, which is the official organ of Dade County, on the following date: January 26, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CHATHAM COUNTY MAGISTRATE COURT; PART-TIME MAGISTRATES; APPOINTMENT. No. 89 (House Bill No. 903). AN ACT To amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 28, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3772), so as to provide that the chief magistrate of Chatham County shall appoint any part time magistrates; 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 making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 28, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3772), is amended by striking in its entirety subsection (c) of Section 3 and inserting in lieu thereof the following: (c) On and after the effective date of this Act, no additional full-time magistrates shall be appointed. The full-time magistrates appointed prior to the effective date of this Act shall serve the remainder of their terms and until their successors have been duly elected and qualified. Successors to the full-time magistrates serving on the effective date of this Act shall be elected at the same time, in the same manner, and for the same term as the chief magistrate and shall meet the qualifications of a magistrate as provided in Chapter 10 of Title 15 of the O.C.G.A. The chief magistrate shall appoint any part-time magistrates.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1995 session of the GENERAL ASSEMBLY of Georgia a bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 28, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3772); and for other purposes. This 16th day of February, 1995. Dorothy B. Pelote Representative Dorothy Pelote 149th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dorothy B. Pelote, who, on oath, deposes and says that she is Representative from the 149th 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 21, 1995. /s/ Dorothy B. Pelote Representative, 149th District Sworn to and subscribed before me, this 22nd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. HARRIS COUNTY STREETS AND ROADS AUTHORITY CREATION; REFERENDUM. No. 90 (House Bill No. 883). AN ACT To create the Harris County Streets and Roads Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority, including the power to acquire, construct, extend, improve, equip, operate and maintain streets and roads and related facilities and

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improvements, and all instrumentalities and properties used or useful in connection therewith, and the power to contract with others, including, but not limited to, Harris County and other agencies, authorities, departments and political subdivisions of the State of Georgia, for the construction and maintenance of such streets, roads, facilities and improvements, and to do all things necessary or convenient for the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance thereof; to authorize the issuance of revenue bonds of the Authority payable from the revenues, fees, assessments or other charges made for the provision and maintenance of such streets, roads, facilities and improvements, including any contract payments made to the Authority for the use thereof, and from other moneys pledged therefor, and to authorize the collection and pledging of such revenues, fees, assessments or other charges, including contract payments, if any, for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to make the revenue bonds of the Authority exempt from taxation; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to provide for a referendum; to provide for submission of this Act to the United States Attorney General; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION 1 . Short Title. This Act shall be known and may be cited as the Harris County Streets and Roads Authority Act. SECTION 2 . Creation of the Harris County Streets and Roads Authority Hereby. (a) Subject to the conditions set forth in paragraph (b) of this Section, there is hereby created a public body corporate and politic to be known as the Harris County Streets and Roads Authority, which shall be deemed to be a political subdivision of the State 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) As required by the Article III, Section VI, Paragraph V of the Constitution of the State of Georgia (1983), as amended, the creation of the Harris County Streets and Roads Authority shall be conditioned upon the approval of a majority of the qualified voters of Harris County, Georgia

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voting in a referendum thereon. Such referendum shall be called and shall be held as provided for in Section 31 of this Act. SECTION 3 . 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 constructing and maintaining roads and streets and related infrastructure facilities, improvements and services to the citizens of Harris County, Georgia or any Special District created within the boundaries of such County, in order to promote the growth and development of such County and the general welfare of such citizens, and for the general purpose of facilitating an efficient, economic method of planning, delivering and managing such growth and development and the provision of such facilities, improvements and services. SECTION 4 . Appointment of Members; Officers; Quorum. (a) The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Harris County, Georgia. With respect to the initial appointment by the Board of Commissioners of Harris County, Georgia, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made by the Board of Commissioners of Harris County, Georgia for terms of three years and until successors are appointed and qualified. Immediately after such appointments the members of the Authority shall enter upon their duties. To be eligible for appointment as a member of the Authority a person shall be at least twenty-one years of age, a resident of Harris County, Georgia for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Of the five members of the Authority, two may be Commissioners of Harris County, Georgia. Any member of the Authority may be selected and appointed to succeed himself or herself. (b) The appointing Board of Commissioners of Harris County, Georgia may provide by resolution for (i) compensation for the services of the members of the Authority in such amounts as they may deem appropriate, and (ii) procedures and guidelines relating to reimbursement of actual expenses necessarily incurred by such members in the performance of their duties, which resolution may be amended by the Board of Commissioners of Harris County, Georgia from time to time. (c) The members of the Authority shall elect one of their number as Chairperson and another as a Vice-Chairperson. The members of the Authority shall also elect a Secretary, who need not be a member of the

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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 and/or Treasurer is not a member of the Authority, such officer shall have no voting rights and shall serve at the pleasure of the Authority until resignation or until a successor is appointed. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (d) Three members of the Authority shall constitute a quorum. No vacancy in the membership of 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 5 . Definitions. As used in this Act, the term: (a) Authority means the Harris County Streets and Roads Authority created by this Act. (b) 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 six months after completion of construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the Project; administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate and maintain the Project. (c) Project means any highways, streets, roads, alleys, sidewalks and curbs, including any on-ramp, off-ramp or other throughfare necessary to connect such highways, streets and roads to existing public roadways, and any bridges, storm drains and culverts, streetlighting and landscaping associated therewith, located within Harris County or within any Special District created therein; provided, that any such Project undertaken by the Authority shall be Self-Liquidating. (d) Revenue Bond Law means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A. Section 36-82-60 et seq ., as amended), or any other similar law hereinafter enacted. (e) Revenue Bonds means revenue bonds authorized to be issued pursuant to this Act. (f) Self Liquidating means any Project from which the revenues, fees, assessments or other earnings to be derived by the Authority, directly or

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indirectly, including but not limited to any payments received by the Authority pursuant to a contract with any governmental or private entity relating to any such Project, and all properties used, leased and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining and repairing the Project and to pay the principal and interest on any Revenue Bonds or other obligations which may be issued for the purpose of paying the Costs of the Project. (g) Special District means any special district created by general law or by county or municipal ordinance or resolution pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia, 1983, as the same may hereafter be amended. (h) State means the State of Georgia. SECTION 6 . Powers. The Authority shall have the power: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, maintain, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights 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 or disposal of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To execute contracts, leases, agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation or maintenance of a Project. Any and all persons, firms and corporations, including the State and any institution, department, or other agency thereof, and any county, municipality, school district or other political subdivision or authority of the State, are hereby authorized to enter into contracts, leases, agreements or instruments with the Authority upon such terms and for such purposes as they deem advisable and as they are authorized by law. Without limiting

Page 3757

the foregoing, any such contract may be entered into between the Authority and any county or municipality of the State for the provision of facilities and services of the Authority in the county or municipality as a whole or within any Special District duly created within such county or municipality; (f) To acquire, construct, add to, extend, improve, equip, operate and maintain Projects; (g) To pay the Cost of the Project with the proceeds of Revenue Bonds or other obligations issued by the Authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (h) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (i) To accept loans and/or grants of money or materials or property of any kind from the State or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State or such agency or instrumentality or political subdivision may require; (j) To borrow money for any of its corporate purposes and to issue Revenue Bonds, and to provide for the payment of the same and for the rights of the holders thereof; (k) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of the State; and (l) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 7 . Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of Revenue Bonds of the Authority for the purpose of paying all or any part of the Cost of the Project and for the purpose of refunding Revenue Bonds or other obligations previously issued. The principal of and interest on such Revenue Bonds shall be payable solely from the special fund hereby provided for such payment. The Revenue Bonds of each issue shall be dated, shall bear interest at such

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rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such Revenue Bonds. SECTION 8 . Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the Revenue Bonds and shall fix the denomination or denominations of the Revenue Bonds. The Revenue Bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for registration and exchangeability privileges. The Authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the State. SECTION 9 . Same; Signatures; Seal. All such Revenue Bonds shall bear the manual or facsimile signature of the Chairperson or Vice-Chairperson 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 impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the Chairperson or Vice-Chairperson and the Secretary, Assistant Secretary, or Secretary-Treasurer of the Authority. Any Revenue Bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such Revenue Bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such Revenue Bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any Revenue Bond or any coupon shall cease to be such officer before the delivery of such Revenue Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. SECTION 10 . Same; Negotiability; Exemption from Taxation. All Revenue Bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State unless the same are issued in fully registered form. All Revenue Bonds, their transfer and the income therefrom shall be exempt from all taxation within the State.

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SECTION 11 . Same; Sale; Price; Proceeds. The Authority may sell Revenue Bonds in such manner and for such price as it may determine to be int he best interest of the Authority. The proceeds derived from the sale of Revenue Bonds shall be used solely for the purpose and/or purposes provided in the resolutions and proceedings authorizing the issuance of such Revenue Bonds. SECTION 12 . Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of any definitive Revenue Bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary Revenue Bonds, with or without coupons, exchangeable for definitive Revenue Bonds upon the issuance of the latter. SECTION 13 . Same; Replacement of Lost of Mutilated Bonds. The Authority may provide for the replacement of any Revenue Bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 14 . Same; Conditions Precedent to Issuance. The Authority shall adopt a resolution authorizing the issuance of the Revenue Bonds. In the resolution, the Authority shall determine that the Project financed with the proceeds of the Revenue Bonds is Self-Liquidating. 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. 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 called meeting of the Authority by a majority of its members. SECTION 15 . Credit not Pledged. Revenue Bonds shall not be deemed to constitute a debt of Harris County, Georgia or of any Special District created therein, nor a pledge of the faith and credit of said County or any such Special District, but such Revenue Bonds shall be payable solely from the fund hereinafter provided for. The issuance of such Revenue Bonds shall not directly, indirectly or contingently obligate Harris County, Georgia or any such Special District created

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by Harris County, Georgia to levy or to pledge any form of taxation whatever for payment of such Revenue Bonds or to make any appropriation for their payment, and all such Revenue Bonds shall contain a legend on their face reciting substantially the foregoing provisions of this section. No holder of any Revenue Bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of Harris County, Georgia or any Special District created by Harris County, Georgia nor shall any Revenue Bond constitute a charge, lien or encumbrance, legal or equitable, upon any such property. Notwithstanding the foregoing provisions, this Act shall not affect the authorization or ability of the Authority and said County to enter into an intergovernmental contract pursuant to which said County agrees to pay, in consideration for services and facilities provided by the Authority to the County as a whole or to any Special District created therein, amounts sufficient to pay charges, fees and other costs relating to the operation of the Authority and the acquisition, construction, equipping, use and maintenance of any Project including, without limitation, the principal of and interest on Revenue Bonds. SECTION 16 . Trust Indenture as Security. In the discretion of the Authority, any issuance of Revenue Bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Either the resolution providing for the issuance of the Revenue Bonds or such trust indenture may contain such provisions for the protection and enforcement of the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition and construction of the Project financed thereby, the maintenance, operation, repair and insuring of such Project, and the custody, safeguarding and application of all monies. SECTION 17 . 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 Revenue 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 thereof, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 18 . Sinking Fund. Any revenues, fees, assessments and other charges derived from any particular Project or Projects, including any payments received by the

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Authority pursuant to any contract with any private or governmental entity as herein provided, regardless of whether or not such revenues, fees, assessments and other charges, or any such payments, were produced by a particular Project for which Revenue 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 Revenue Bonds or in the trust instrument may provide, and such funds so pledged from whatever source received 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 such Revenue Bonds as the same shall fall due, whether by maturity, redemption or otherwise, (3) any premium upon such Revenue Bonds as the same shall fall due, (4) the purchase price of such Revenue Bonds, whether purchased in the open market or as permitted or required by the terms of such Revenue Bonds, and (5) the necessary charges of the paying agent for paying the principal of and interest on such Revenue Bonds and for any other necessary and related services of any such paying agent. 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. SECTION 19 . Remedies of Bondholders. Any holder of Revenue Bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the Revenue 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, including specifically but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority or any officer thereof, including the fixing, charging and collecting of revenues, fees, assessments and other charges for the use of the facilities, improvements and services furnished. SECTION 20 . Validation. Revenue Bonds and the security therefor shall be confirmed and validated in accordance with the procedures set forth therefor in the Revenue Bond

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Law. The petition for validation shall also make party defendant to such action the State, and any institution, department or other agency thereof, and any county, municipality, school district or other political subdivision or authority of the State which has contracted with the Authority for services or facilities relating to the Project for which Revenue Bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such Revenue Bonds. The Revenue Bonds when validated, and the judgment of validation relating thereto, shall be final and conclusive with respect to such Revenue Bonds and the security therefor, including such contract or contracts, and against the Authority and all other defendants. SECTION 21 . 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 Harris County, Georgia, and any action pertaining to validation of any Revenue 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 22 . Interest of Bondholders Protected. While any of the Revenue 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 Revenue 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 Revenue 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 Revenue Bonds, and upon the issuance of such Revenue Bonds under the provisions hereof, shall constitute a contract with the holders of such Revenue Bonds. SECTION 23 . Monies Received Considered Trust Funds. All monies 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, assessments and charges, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

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SECTION 24 . Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise the same from time to time and to collect revenues, fees, assessments and other charges for the services, facilities, improvements and commodities furnished, and in anticipation of the collection of such revenues, fees, assessments and other charges, to issue Revenue Bonds as herein provided to finance, in whole or in part, the Cost of the Project, and to pledge all or any portion thereof to the punctual payment of said Revenue Bonds and interest thereon. SECTION 25 . Rules, Regulations, Service Policies and Procedures for Operation of Projects. It shall be the duty of the Authority to prescribe rules, regulations, service policies and procedures for the operation of any Project or Projects constructed and/or acquired under the provisions of this Act. The Authority may adopt bylaws in connection with the operation of any Project or Projects. SECTION 26 . Tort Immunity. To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as Harris County, Georgia; 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 Harris County, Georgia when in the performance of their public duties or work of the County. 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 and not for purposes of private or corporate benefit and income, and such properties and the Authority shall, unless otherwise agreed to by the Authority pursuant to an intergovernmental contract or other similar agreement or instrument, be exempt from all taxes and special assessments of any city or county, or the State or any political subdivision thereof. SECTION 28 . Effect on other Governments. This Act shall not and does not in any way take from Harris County, Georgia or any municipality located therein or any other county or

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municipality the authority to own, operate and maintain public infrastructure and recreational facilities and improvements of the nature contemplated by the Act, or to issue revenue bonds as provided by 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 . Severability; Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. SECTION 31 . Referendum; Submission of Act to United States Attorney General. (a) 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 Harris County shall call and conduct an election for the purpose of submitting this Act to the electors of Harris 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 Harris County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for creation of the Harris County Streets and Roads Authority? 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 Harris County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. (b) 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

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Harris County to submit this Act to the United States Attorney General for approval. SECTION 32 . Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. SECTION 33 . Effective Date. This Act shall become effective only after it is either signed by the Governor of the State of Georgia or becomes law without the approval of the Governor, and is thereafter approved by a majority of the qualified voters of Harris county voting in a referendum thereon, as provided in Section 31 hereof. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the creation and establishment of the Harris County Streets and Roads Authority and for other purposes. This 23rd day of February, 1995. Vance Smith, Jr. Representative, District 102 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, Jr., who, on oath, deposes and says that he is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official organ of Harris County, on the following date: February 23, 1995. /s/ Vance Smith, Jr. Representative, 102nd District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995.

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CARROLL COUNTY STATE COURT; JUDGE; NONPARTISAN ELECTIONS. No. 91 (House Bill No. 970). 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 provide that the judge of such court shall be elected at nonpartisan general elections without a prior nonpartisan primary; 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 in its entirety subsection (a) of Section 4 and inserting in lieu thereof the following: (a) The judge of the State Court of Carroll County shall be elected at nonpartisan general elections without a prior nonpartisan primary. Such 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 1995 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Fa. L. 1897, p. 438), as amended; and for other purposes. This 27th February, 1995. s/John Simpson Representative 101st 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 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Times-Georgian, which is the official organ of Carroll County, on the following date: March 4, 1995. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. WEBSTER COUNTY TREASURER; OFFICE ABOLISHED; FUNCTIONS. No. 92 (House Bill No. 905). AN ACT To abolish the elected office of treasurer of Webster County; to authorize the Board of Commissioners of Webster County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The elected office of treasurer of Webster County shall be abolished on January 1, 1997. No election shall be held for the office of treasurer of Webster County in 1996. SECTION 2 . The Board of Commissioners of Webster County is authorized to designate an employee of the county or some other person or entity to perform the duties of treasurer when such office is abolished pursuant to Section 1 of this Act. Such employee or other person or entity shall receive all funds heretofore received by the treasurer and disburse the same as provided by law for the disbursement of funds by county treasurers and shall perform such other duties as are required by the Board of Commissioners of Webster County. The person or entity designated to carry out such duties shall serve at the pleasure of the Board of Commissioners of Webster County.

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SECTION 3 . Section 2 of this Act shall become effective on January 1, 1997. The remaining provisions of this Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to abolish the office of Treasurer of Webster County; to authorize the Board of Commissioners of Webster County to designate an employee of the county or some other person to perform the duties of treasurer and prescribe the powers and duties of such person; to provide effective dates; to repeal conflicting laws; and for other purposes. This 6th day of February, 1995. Lucius Black, 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 159th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal, which is the official organ of Webster County, on the following date: February 16, 1995. /s/ Bob Hanner Representative, 159th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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DOOLY COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 93 (House Bill No. 917). 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, so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a board of commissioners of Dooly County, approved August 18, 1913 (Ga. L. 1913, p. 373), 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. Each member of the board of commissioners of Dooly County shall receive an annual salary of not less than $300.00 nor more than $10,000.00, the exact amount of such annual salary to be established by a resolution of said board of commissioners. The board by resolution may establish the annual salary of its members for calendar year 1995. Beginning on January 1, 1996, and thereafter, the board by resolution adopted at its first regular meeting of each calendar year shall establish the annual salary of its members for such calendar year. If the board fails to take any action to establish the annual salary at the initial regular meeting in a calendar year, the members shall receive for such calendar year the same annual salary that the members received during the preceding calendar year. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE Notice is hereby given that there will be introduced in the 1995 regular session of the General Assembly of Georgia a bill to change the compensation

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paid to the Board of Commissioners of Dooly County, Georgia, and to provide for all matters relative thereto and for all purposes. Honorable Rooney L. Bowen Jr. State Senator 13th District Honorable Johnny Floyd State Representative District 138 Honorable Lynmore James State Representative District 140 Honorable Larry Walker State Representative District 141 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 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer, which is the official organ of Dooly County, on the following date: February 16, 1995. /s/ Johnny Floyd Representative, 138th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. PIKE COUNTY AGRIBUSINESS AUTHORITY CREATION. No. 94 (House Bill No. 910). AN ACT To create the Pike County Agribusiness Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, and meetings; to provide

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for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits; to limit the powers of the authority; to provide for exemptions from taxes, assessments, and certain actions by creditors; to provide for judicial jurisdiction; to provide that the powers of the authority are supplemental and provide for liberal construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . As used in this Act, the term project means land, buildings, furnishings, equipment, and facilities located or to be located in Pike County and used for educational programs related to farm and domestic animals and livestock and for the exhibition of Pike County Agriculture and Agribusiness. SECTION 2 . (a) There is created a body corporate and politic to be known as the Pike County Agribusiness Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and, by that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The purpose of the authority shall be for the development and promotion in Pike County and in this state of projects to enhance all areas and phases of agriculture in Pike County and in this state with the use of public grant funds. In carrying out that purpose, the authority shall solicit assistance from persons and organizations interested in supporting, financially and in other ways, the projects of the authority. SECTION 3 . (a) The authority shall consist of five members who shall be appointed by the governing authority of Pike County, Georgia, and who shall serve at the pleasure of that governing authority. Of the members initially appointed, one member shall be appointed for a one-year term, two members shall be appointed for terms of two years, and two members shall be appointed for terms of three years. Thereafter, all members shall be appointed for terms of three years. At least three of the members shall have a recognized interest in agribusiness or agricultural production. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect from its members a chairperson and a vice chairperson. The officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified.

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(c) Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, but, in every instance, the affirmative vote of at least three members of the authority shall be required to authorize any legal act of the authority. (d) The members of the authority shall not be entitled to compensation for their services and shall not be reimbursed by the authority for their actual expenses in attending any meeting of the authority. The authority shall make rules and regulations for its own government and may employ professional staff or technical supervisors, assistants, or experts, or any other agents and employees, temporary or permanent. The authority shall also establish the policies, rules, and regulations for the operations of its projects as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, undertakings, income, receipts of every nature, and expenditures of every kind. The financial books and records of the authority shall be audited annually by the same auditor employed to audit the books and records of the Pike County government. Said audit shall be paid for by the authority, and copies shall be furnished to the governing authority of Pike County. Said audit shall be a public record. SECTION 4 . The authority shall have the power to: (1) Adopt and alter a corporate seal; (2) Construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects; (3) Acquire in its own name by purchase, lease, or otherwise from Pike County, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein and personal property necessary or convenient for its corporate purposes; and use, lease, and dispose of such property, rights, and easements in any manner it deems to be to the best advantage of the authority and the purposes thereof; (4) Contract with the State of Georgia and the agencies, instrumentalities, departments, and political subdivisions thereof and with private persons or corporations in such manner as necessary or convenient to accomplish the purposes of this Act, including but not limited to contracts for constructing and leasing, as lessor or as lessee, acquiring, equipping, altering, repairing, maintaining, adding to, extending, improving, operating, and managing projects; (5) Exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of

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indemnity to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (6) Make contracts and execute all instruments necessary or convenient in connection therewith; and (7) Adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business. SECTION 5 . The authority shall not have the power of eminent domain. The authority shall have the power to issue revenue bonds or certificates of participation with the prior approval of the governing authority of Pike County. SECTION 6 . Because the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be exempt from taxation to the extent authorized by general law. SECTION 7 . Any action brought against the authority shall be brought in the Superior Court of Pike County and such court shall have exclusive jurisdiction of such action. SECTION 8 . The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. SECTION 9 . This Act, being for the welfare of Pike County and its inhabitants, shall be liberally construed to effect the purposes of this Act. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced by Representative Robert M. Crawford in the 1995 Session of the General

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Assembly of Georgia for the purpose of creation of the Pike County Agribusiness Authority; to repeal conflicting laws; and for other purposes. This 10th day of February, 1995. Robert M. Crawford Representative 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal and Reporter, which is the official organ of Pike County, on the following date: February 15, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. ROCKDALE COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 95 (Senate Bill No. 345). AN ACT To amend an Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended, is amended by adding immediately after Section 2 a new Section 2.1 to read as follows:

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Section 2.1. Pursuant to the authority of Code Section 15-10-86 and Chapter 15 of Title 36 of the O.C.G.A., law library fees shall be charged and collected in each action or case in the Magistrate Court of Rockdale County. The amount of such fees shall be fixed by the chief judge of the Superior Court of Rockdale County as provided for in Code Section 36-15-9 of the O.C.G.A. Such fees shall be in addition to all other legal costs. 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. LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate Court of Rockdale County, approved March 13, 1978 (Ga. L. 1978, p. 3907), as amended; and for other purposes. This 3rd day of January, 1995. Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who, on oath, deposes and says that he is Senator from the 17th 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 10, 1995. /s/ Mike Crotts Senator, 17th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995.

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PIKE COUNTY BOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS. No. 96 (House Bill No. 1008). AN ACT To amend an Act providing for the election of members of the board of education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, so as to provide for nonpartisan primaries and elections for members of the board of education of Pike County; 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 Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, is amended by inserting a new section to be designated Section 3.1 to read as follows: Section 3.1. All members of the board who are elected by the voters shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A. 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 local legislation will be introduced by Robert M. Crawford in the 1995 Session of the General Assembly of the State of Georgia for the purpose of providing for nonpartisan elections for the election of members of the Pike County Board of Education; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This the 23rd day of February 1995. Robert M. Crawford Representative 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Pike County Journal and Reporter, which is the official organ of Pike County, on the following date: March 1, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. BURKE COUNTY STATE COURT; JUDGE; COMPENSATION. No. 97 (House Bill No. 888). AN ACT To amend an Act creating the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3863), so as to change the compensation of the judge of such court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3863), is amended by striking subsection (a) of Section 4A and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judge of the court shall receive an annual salary in the amount of $16,000.00. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the State

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Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved March 10, 1988 (Ga. L. 1988, p. 3863), so as to change the compensation of the judge of such court; and for other purposes. This 17th day of February, 1995. /s Bettieanne C. Hart Representative Bettieanne Childers Hart 116th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bettieanne C. Hart, who, on oath, deposes and says that she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen, which is the official organ of Burke County, on the following date: February 23, 1995. /s/ Bettieanne C. Hart Representative, 116th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. CITY OF SHADY DALE NEW CHARTER. No. 98 (House Bill No. 898). AN ACT To provide a new charter for the City of Shady Dale; 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, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, 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 affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, a city accountant,

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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 and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; 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 auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, 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 repeal a specific Act; to provide for effective dates; 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 Shady Dale, 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 earliest 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 Shady Dale, Georgia. Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely

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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. These powers shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams or bodies of water within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (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 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 O.C.G.A. or such other applicable laws as are now 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 outside the city

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and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire districts and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to 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 in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares or other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of

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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 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 such utilities are distributed, inside and outside the corporate limits of the city and to provide utility services to persons, firms, and corporations inside 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) Planningand 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 and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,

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recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now 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 Georgia 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 and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;

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(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (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 any intoxicating liquors, alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (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 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; 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; and to

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exercise all implied powers necessary to execute 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 SECTION 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11 . City councilmembers; 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 that person shall have been a resident of the city immediately prior to the date of the election of members of the city council for one year; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12 . Vacancy; filling of vacancies; suspensions. (a) VacanciesThe office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or

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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) SuspensionUpon 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 . Holding other office; voting when personally interested. (a) Except as authorized by law, no councilmember nor the mayor shall hold any other city office or city employment during the term for which that person was elected. (b) No member of the city council nor the mayor shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is personally interested. SECTION 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. 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,

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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 city council shall hold an organizational meeting on the first Thursday in January. The meeting shall be called to order by the city clerk and the oath of 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 . Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 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 of 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

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the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21 . Quorum; voting. (a) 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 the councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.22 . Ordinance form; procedures. (a) Every proposed ordinance 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 City Council of Shady Dale 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 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and 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.

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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 may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of the 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 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 2.21 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. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council.

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(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Shady Dale, 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 as soon as practicable following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city 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 the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city immediately preceding the mayor's election for a period of at least one year. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.28 . Chief executive officer; 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. 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;

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(2) Appoint and remove all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended 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) 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 the mayor may deem expedient; (7) Call special meetings of the city 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 of this charter; (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 the mayor deems it expedient; (11) Perform such other duties as may be required by general state law, this charter, or ordinance; (12) Participate in the discussion of all matters brought before the city council; and (13) 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. SECTION 2.30 . 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 promptly after its adoption. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's 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 o'clock Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall

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record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting; and, should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of a two-thirds of 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 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 2.31 . Mayor pro tempore; selection; duties. 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 upon the mayor's disability or absence. In the event of the mayor's disability or absence, the mayor pro tempore 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 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 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.

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(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 director's 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 the mayor's supervision but such suspension or removal shall not be effective for 14 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 a majority of 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) 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 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 that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the 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 chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12 . City attorney. The mayor 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 the city attorney by virtue of such person's position as city attorney. SECTION 3.13 . City clerk. The mayor shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal; maintain city council's records required by this charter; and perform such other duties as may be required by the city council. SECTION 3.14 . City treasurer. The mayor 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 mayor shall appoint a city accountant to perform the duties of an accountant.

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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, 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 . Creation; name. There shall be a court to be known as the Municipal Court of the City of Shady Dale. 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 that 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 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. (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 judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered in 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 offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 365 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution

Page 3797

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

Page 3798

available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings. ARTICLE V ELECTIONS 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. On the Tuesday next following the first Monday in November in 1997 and on that day quadriennially thereafter there shall be an election for the city council. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election. 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 designation. SECTION 5.13 . Election by majority vote. The mayor and city council shall be elected by a majority vote of the votes cast for each position. SECTION 5.14 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended.

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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 as 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 or suspension of officers. The mayor or any councilmember may be removed or suspended from office in the manner provided by 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 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 in this 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

Page 3800

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 individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling in 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 regulation. 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, 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 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 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 cost of constructing, reconstructing, widening, or improving any public

Page 3801

way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17 . Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18 . Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. 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 such 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.

Page 3802

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 . Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.24 . Operating budget. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as 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 city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the first Thursday in September 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

Page 3803

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 appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.28 . Capital improvements. (a) On or before the date fixed by the city council, but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with 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 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 Thursday

Page 3804

in September 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 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 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 2.20 of this charter. SECTION 6.31 . Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32 . Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a

Page 3805

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 . Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12 . First election under this charter. The first municipal election shall be conducted on the Tuesday next following the first Monday in November, 1997, at which the mayor's and all councilmembers' positions shall be filled. The city council seats presently held by Bruce E. Henry and Sandra G. Weaver shall be designated Posts one and two, respectively, and seats presently held by James R. Becknell, Shirley Gude Edwards, and Patti McGinnis Miller shall be designated Posts three, four, and five respectively. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts one, two, three, four, and five shall be filled at this first election for an initial term of four years and until respective successors are elected and qualified such

Page 3806

that a continuing body is created. Each councilmember elected thereafter shall serve a full term as provided in Section 2.11 of this charter. SECTION 7.13 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this 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 time 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 . 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 . Specific repealer. An Act providing a new charter for the Town of Shady Dale approved August 4, 1904 (Ga. L. 1904, p. 611), as amended, is repealed in its entirety. SECTION 7.17 . Effective date. This Act shall become effective on September 1, 1995. 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

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Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a new charter for the City of Shady Dale; to repeal the Act incorporating the City of Shady Dale, approved August 4, 1904 (Ga. L. 1909) p. 611, as amended; to provide for all matters related thereto; and for other purposes. This 2nd day of February, 1995. Charles W. Merritt, Jr. Attorney for the City of Shady Dale 155 South Main Street Madison, Georgia 30650 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 110th 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 9, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 23rd day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. MACON COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 99 (House Bill No. 956). AN ACT To amend an Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), so as to provide for compensation for the members of such board; to provide for reimbursement for actual 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:

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SECTION 1 . An Act providing for the board of education for the Macon County School District, approved March 27, 1985 (Ga. L. 1985, p. 4112), is amended by striking in its entirety Section 4 and inserting in lieu thereof the following: SECTION 4. Each member of the Board of Education of Macon County shall be compensated in the amount 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. In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside Macon County on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that this travel is authorized by a majority vote of the members of the board of education prior thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. 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 1995 session of the General Assembly of Georgia a bill to provide for compensation of board members of the Macon County Board of Education, reimbursement of expenses of board mebmers; to provide for other matters relative thereto; and for other purposes. This 14th day of February, 1995. Hosie Waters, Superintendent Macon County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynmore James, 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

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the Citizen Georgian, which is the official organ of Macon County, on the following date: February 22, 1995. /s/ Lynmore James Representative, 140th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 27, 1995. JONES COUNTY BOARD OF EDUCATION; DISTRICTS; ELECTIONS; TERMS. No. 100 (House Bill No. 964). 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 for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act reconstituting the Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, is amended by striking 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 chairperson 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:

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SECTION 2. (a) At the general election held in 1998 and quadrennially thereafter there shall be elected a chairperson and four members of the board as provided in this section. (b) The chairperson 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 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, 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,

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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: 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) 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, 317A, 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

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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 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,

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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 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 (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 chairperson 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 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 Jones County to submit this Act to the United States Attorney General for 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 1995 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education for Jones County, approved March 21, 1894 (Ga. L. 1984, p. 4459), as amended; to repeal conflicting laws; and for other purposes. This 13th Day of February, 1995. Honorable Kenneth W. Birdsong Representative, 123rd District Honorable Curtis Jenkins Representative, 101st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis S. Jenkins, who, on oath, deposes

Page 3814

and says that he is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News, which is the official organ of Jones County, on the following date: February 16, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF SMYRNA UNPAID AD VALOREM TAXES; INTEREST AND PENALTIES; WAIVER. No. 101 (House Bill No. 995). AN ACT To amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, so as to authorize the finance officer of the city to waive certain interest and penalties due on unpaid ad valorem taxes; to provide for procedures and conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, is amended by adding immediately following Section 53 a new Section 53A to read as follows: SECTION 53A. (a) Notwithstanding any other provision of this charter to the contrary, upon written approval by the governing authority of the city in accordance with subsection (c) of this section, the city finance officer may waive, in whole or in part, the collection of any amount due the city when such amount represents interest due on delinquent taxes or a penalty assessed for failure to comply with the laws governing the assessment and collection of ad valorem taxes and when the city finance officer reasonably determines that the default giving rise to the interest or penalty was due to reasonable cause and not due to gross or willful

Page 3815

neglect or disregard of the law or of regulations or instructions issued pursuant to the law. (b) In the case of interest or penalties arising from the failure of the taxpayer to comply with the terms, conditions, or covenants required with respect to properties receiving any type of preferential assessment, the city finance officer shall not be authorized to waive any portion of the penalty that represents a recovery by the taxing authorities of any amount by which taxes were reduced as a result of the granting of such preferential assessment. (c) The waiver of penalties in accordance with this section shall be subject to the written approval of the governing authority either on a case by case basis or by a resolution delegating the authority to the city finance officer to make the final determinations. Such resolution may establish rules and regulations governing the administration of this section and guidelines to be followed by the finance officer when granting the penalty waivers. 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 1995 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended; and for other purposes. This 18th day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randy Sauder, who, on oath, deposes and says that he is Representative from the 29th 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 20, 1995. /s/ Randy Sauder Representative, 29th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

Page 3816

DODGE COUNTY BOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS; REFERENDUM. No. 102 (House Bill No. 1001). AN ACT To provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections; to provide for a special election; to provide for certain submissions; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . On and after January 1, 1996, members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections using the procedures provided in Code Section 21-2-139 of the Official Code of Georgia Annotated. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dodge County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Dodge County School District for approval or rejection. The election superintendent shall conduct that election on the date of the presidential preference primary in 1996 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Dodge County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for the nomination and election of members of the board of education of Dodge County in nonpartisan primaries and nonpartisan elections? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of the 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 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.

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The expense of such election shall be borne by Dodge County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . It shall be the duty of the board of education of Dodge County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4 . Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall only become effective as provided in Section 2 of this Act. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nomination and election of members of the board of education of Dodge County in nonpartisan primaries and nonpartisan elections; to provide for a referendum; and for other purposes. This 17th day of February, 1995. REP. TERRY COLEMAN 142nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman, who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight, which is the official organ of Dodge County, on the following date: February 23, 1995. /s/ Terry Coleman Representative, 142nd District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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COBB COUNTY STATE COURT; SOLICITOR; COMPENSATION. No. 103 (House Bill No. 996). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4619), so as to increase the compensation of the solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4619), is amended by striking paragraph (1) of subsection (b) of Section 27 of said Act in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The compensation of the solicitor shall be $73,889.92 per year, payable in equal monthly installments from the funds of Cobb County. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Wiles, who, on oath, deposes and says that he is Representative from the 34th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3819

Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ John J. Wiles Representative, 34th District Sworn to and subscribed before me, this 1st day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. TWIGGS COUNTY BOARD OF EDUCATION; DISTRICTS; TERMS. No. 104 (House Bill No. 983). 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 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 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 therof new Sections 1 through 3 to read as follows: SECTION 1. The Board of Education of Twiggs County shall be composed of a chairperson and four members. The chairperson 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

Page 3820

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 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,

Page 3821

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. 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)

Page 3822

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 (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

Page 3823

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 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 chairperson 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 chairperson 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 O.C.G.A., known as the `Georgia Election Code.' SECTION 3. (a) The terms of office of the chairperson and those members elected from Education Districts 1 and 3 at the 1994 general election shall expire December 31, 1998. Their successors shall be elected at the general election in November, 1998, 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. (b) The terms of office of those members elected from Education Districts 2 and 4 shall expire December 31, 1996. Their successors shall be elected at the general election in November, 1996, 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. (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, 1996, 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.

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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. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended; and for other purposes. This 7th day of February, 1995. /s/ Kenneth Birdsong Representative 123rd 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 123rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era, which is the official organ of Twiggs County, on the following date: February 9, 1995. /s/ Kenneth W. Birdsong Representative, 123rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. GILMER COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 105 (Senate Bill No. 349). AN ACT To create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for a chairperson; to

Page 3825

provide for powers and duties and compensation and expenses of members; to provide additional powers for the chairperson; to provide for ordinances, rules, and regulations; to provide for a clerk; to provide for purchases; to provide for the disposition of used property; to provide for an orderly transition of office; to remove the current commissioners from office; to repeal a specific Act; to provide for submission; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The terms of the commissioners of Gilmer County serving on the effective date of this Act shall end when the new commissioners elected pursuant to this Act take office. SECTION 2 . (a) There is established in Gilmer County a board of commissioners, which board shall be the governing authority of said county and shall be composed of a chairperson and two other members to be elected by a majority of the qualified voters of the entire county voting in elections held for that purpose. All such elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (b) The chairperson and other members of said board of commissioners shall have resided within Gilmer County at least one year prior to their election. The chairperson shall be at least 25 years of age prior to his or her election and the other members shall be at least 21 years of age prior to their election. (c) For the purposes of electing the chairperson and other members of said board, candidates for chairperson shall offer as candidates for that office, and there shall be two commissioner posts, to be designated Post 1 and Post 2, for the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairperson and commissioner may reside anywhere within Gilmer County. (d) If legally possible, the first board of commissioners of Gilmer County, as provided in this section, shall be elected at a special election to be held on the Tuesday following the first Monday in November, 1995, and shall take office on the first day of January, 1996. The first commissioners elected for Post 1 and Post 2 shall serve for a term of one year and until their successors are elected and qualified. Their successors shall be elected at the general election in 1996 and shall take office on January 1, 1997, for terms of four years and until their successors are elected and qualified. The first chairperson elected shall serve for a term of five years and until his or

Page 3826

her successor is elected and qualified. If not legally possible to hold a special election at this time, then such election shall be held on the next possible date and the first Post 1 and Post 2 commissioners shall take office immediately thereafter for terms to expire on January 1, 1997, and when their successors are elected and qualified. The first chairperson shall also take office after the first legally possible election for a term to expire on January 1, 2001, and when his or her successor is elected and qualified. Thereafter, successors to members shall be elected at the general election immediately preceding the expiration of the members' terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (e) (1) In the event a vacancy occurs in the office of any member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the election superintendent of Gilmer County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy for the unexpired term. Any such special election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. In the event a vacancy occurs in the office of any member of said board when six months or less remain before the expiration of the term of office, such vacancy shall not be filled, and the remaining members of the board of commissioners shall constitute the governing authority of Gilmer County until a successor is elected at the next general election. In the event all positions on the board of commissioners become vacant for any reason, the judge of the Probate Court of Gilmer County shall serve as the governing authority of Gilmer County until such vacancies are filled by special election or until new members are elected at the general election as provided in this Act. (2) In addition to any other events creating a vacancy on the board of commissioners, the office of a member of the board shall be immediately vacated if the member moves his or her residence from Gilmer County. SECTION 3 . The chairperson of the board of commissioners shall be the chief administrative officer of the county and shall devote his or her full time to the duties of the office. The chairperson shall receive an annual salary of $36,000.00 payable in equal monthly installments from the funds of Gilmer County. The members of the board of commissioners other than the chairperson shall serve part time and each shall receive the sum of $3,600.00 per annum payable in equal monthly installments from the funds of Gilmer County. The compensation provided for in this section shall constitute the entire compensation from the funds of Gilmer County to which the chairperson and other members of the board of commissioners

Page 3827

shall be entitled. The chairperson and other commissioners shall not be entitled to any additional compensation for serving on any other public boards or public authorities by virtue of their office. The chairperson and members of the board of commissioners may be reimbursed for reasonable expenses incurred in the discharge of their duties. Such reimbursement shall only be made after proper documentation has been provided to the county clerk and upon approval by a majority of the board at a regularly scheduled meeting. SECTION 4 . (a) The chairperson and each member of said board, before entering upon the discharge of his or her duties as such, shall take and subscribe before the judge of the Probate Court of Gilmer County the following oath, to wit: I do hereby solemnly swear that I will faithfully discharge the duties of commissioner of Gilmer County, Georgia, that I will account for all funds and property of said county coming into my possession, and that I will uphold to the best of my ability the ordinances and resolutions of Gilmer County, Georgia, and the laws and Constitutions of the State of Georgia and the United States of America, so help me God. (b) Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the judge of the probate court, and payable to the judge of the provate court and his or her successors in office, conditioned upon the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. The surety on said bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. SECTION 5 . Said board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Gilmer County on the first Tuesday in each month of the year, but said board of commissioners may hold sessions at any time it deems proper or upon the call of the chairperson. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. SECTION 6 . All ordinances and resolutions adopted by the board of commissioners of Gilmer County, Georgia, prior to the effective date of this Act shall remain in full force and effect and are not repealed, modified, or changed by this Act.

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SECTION 7 . The board of commissioners of Gilmer County, Georgia, is authorized to enact ordinances, rules, resolutions, and regulations implementing the powers granted by the Constitution and laws of the State of Georgia to the governing authorities of the various counties in the State of Georgia. The treasurer of Gilmer County or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved and signed by the clerk and the chairperson of the board of commissioners, provided that this requirement shall not apply to the jury scrip issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney. When the chairperson is necessarily absent and cannot perform his or her duties, either of the other two commissioners may approve disbursements of county funds in place of the chairperson. In addition, the board shall have the following powers and duties: (1) To cause the Code of Ordinances of Gilmer County to be updated at least annually; (2) To maintain, or cause to be maintained, an accurate accounting of all financial affairs of the county and to submit a report thereof to the people annually; (3) To inspect, at least annually, roads, bridges, buildings, or other public works of the county and to submit a report of same to the people; (4) To prepare annually and cause to be filed in the permanent records of the county an inventory of all county property, both real and personal, which inventory shall show the amount of insurance coverage provided for each building, vehicle, or other item of county property; (5) To undertake and transact such other business as is necessary for the orderly conduct of county affairs; and (6) To prepare and submit to the grand jury, at each term of the Superior Court of Gilmer County, a report which shall show the ad valorem taxes collected from each district of said county and all other taxes collected in each district and an itemized statement of all receipts and expenditures and the source from whence received and from whom received and to whom paid and for what purpose same was expended and the vouchers therefor and also the number and names of parties to whom paid with correct itemized amounts so received and paid out. SECTION 8 . (a) Two members of the board shall constitute a quorum. Two votes are required to pass any measure before the board. There shall be no proxy voting.

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(b) The chairperson of the board shall: (1) Preside at all meetings of the board and shall vote the same as other members of the board with the additional requirement that he or she should vote on all measures before the board; (2) Be recognized as the official head of Gilmer County by state, federal, and other authorities for military and ceremonial functions; (3) See that all laws and ordinances of the county are enforced; and (4) Perform such other duties as may be required by the board. SECTION 9 . The board of commissioners shall appoint a clerk, whose salary shall be determined by the board, to be paid monthly out of the county treasury, and it shall be the duty of said clerk to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. The clerk shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the chairperson of the board of commissioners, giving the amount and date of said such payments and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection of any taxpayer of the county during normal working hours. Said clerk before entering on the discharge of his or her duties shall be required to give bond in an amount to be determined by the board for the faithful performance of his or her duties and shall take the same oath as required by commissioners. Said clerk shall hold said office at the pleasure of the board of commissioners. SECTION 10 . (a) The board of commissioners may purchase necessary machinery, tools, equipment, supplies, and services (hereinafter referred to collectively as goods and services) for county use. All purchases of goods and services, wherein the purchase price is expected to be in excess of $5,000.00, shall be made by a sealed competitive bid. Notice of the time and place where bids will be received and opened shall be advertised in the local legal organ of the county once each week for two consecutive weeks immediately prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes and shall be opened and thereafter filed for two years in the office of the board of commissioners for public inspection.

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Goods and services shall be purchased from the lowest responsible bidder and in determining the lowest responsible bidder such factors as distance, past dealings, financial responsibility, expertise, and experience may be taken into consideration. This section shall not apply to the repair of goods. (b) When any personal property with an acquisition value of $500.00 or more owned by the county has become worn out, useless, junk, or has been used to such an extent that it is advisable to dispose of it, the board of commissioners will certify in writing that such equipment is no longer useful in the service of the county. Upon such certification, the board of commissioners shall at public sale sell the unserviceable property and remit the proceeds from the sale to the treasury of the county. It shall be unlawful for the office of the board of commissioners to sell such county personal property except by competitive sealed bids or at public auction after advertisement for such bids in the official organ of Gilmer County once a week for two consecutive weeks. Such advertisements shall give a complete description of the property being offered for sale. The highest of such bids may be accepted or rejected at the discretion of the board of commissioners and, if rejected, the sale shall continue from day to day until a satisfactory bid is received. The high bidder shall pay 100 percent cash at the time of sale. A file of all sealed bids received shall be retained for a period of two years by the clerk of the board of commissioners and shall be open to the public for inspection at any time within such two-year period. The board of commissioners may dispose of unserviceable county property having an acquisition value of less than $500.00 in any manner deemed in the best interest of the county. Any proceeds received therefrom will be deposited in the county treasury. SECTION 11 . An Act creating a board of commissioners of Gilmer County, approved March 28, 1988 (Ga. L. 1988, p. 4886), is repealed in its entirety. SECTION 12 . It shall be the duty of the governing authority of Gilmer County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. SECTION 13 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gilmer County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gilmer County for approval or rejection. The election superintendent shall conduct this election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. or, if any other Act enacted by General Assembly of Georgia at the regular session in 1995

Page 3831

requires a referendum or special election in Gilmer County in 1995, on the same date as such other referendum or special election. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gilmer County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which removes the current commissioners from office and changes the governing authority of Gilmer County from a five-member board of commissioners to a three-member board of commissioners to be composed of two commissioners and a chairperson to be elected county wide? 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 11 of this Act shall become effective for purposes of the election held pursuant to subsection (d) of Section 2 of this Act on the date the results are certified to the Secretary of State; and Sections 1 through 11 of this Act shall become effective for all purposes immediately following the election of the three-member board of commissioners provided for in this Act. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gilmer County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 14 . Except as otherwise provided in Section 13 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 15 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Gilmer County, approved March 28, 1988 (Ga.

Page 3832

L. 1988, p. 4886), so as to change the composition of the board of commissioners of Gilmer County; to provide for related matters; and for other purposes. This 23rd day of January, 1995. (s)Representative Ben N. Whitaker 7th District (s)Senator David Ralston 51st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David Ralston, who, on oath, deposes and says that he is Senator from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier, which is the official organ of Gilmer County, on the following date: January 25, 1995. /s/ David Ralston Senator, 51st District Sworn to and subscribed before me, this 6th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. LUMPKIN COUNTY BOARD OF EDUCATION; DISTRICTS. No. 106 (Senate Bill No. 166). AN ACT To amend an Act providing for the election of the members of the Board of Education of Lumpkin County, approved April 12, 1982 (Ga. L. 1982, p. 4277), so as to reapportion and change the provisions relating to the districts for the election of members of the board of education; to provide for submission of this Act for approval or rejection; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the election of the members of the Board of Education of Lumpkin County, approved April 12, 1982 (Ga. L. 1982, p.

Page 3833

4277), is amended by striking subsections (a) and (b) of Section 2 of said Act and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) For the purpose of electing the four members of the board of education who must be residents of districts, the Lumpkin County School District shall be divided into four education districts as follows: Education District: 1 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9601. Block(s): 219A, 219B, 219C, 219D, 220, 221, 222, 232, 233, 234, 235, 236, 237, 238, 241, 242A, 242B, 329, 503A, 503B, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 530, 531, 532 Tract: 9602. Block(s): 209, 215, 216A That part of Block 216B which lies generally north of Clay Creek Block(s): 217, 218, 219, 220, 221, 222, 223A, 241B, 301A, 301B, 301C, 302, 303, 304, 305A, 305B, 305C, 305D, 306, 307, 308, 309, 310, 311, 312A, 312B, 312C, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401A, 401B, 402, 403, 404A, 404B, 404C, 404D, 405, 406A, 406B, 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, 459A, 459B, 460A, 460B, 461A, 461B, 462, 463, 464A, 464B, 465, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B That part of Block 514 which lies generally west and south of Cane Creek Block(s): 520A, 520B, 520C, 520D That part of Block 520E which lies generally west and south of Cane Creek Block(s): 520F, 521A, 521B, 521C, 521D, 522, 523A, 523B, 523C, 524 Education District: 2

Page 3834

LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9602. That part of Block 216B which lies generally south of Clay Creek Block(s): 241A, 241C That part of Block 514 which lies generally north and east of Cane Creek Block(s): 515, 516A, 516B, 517, 518, 519 That part of Block 520E which lies generally north and east of Cane Creek Block(s): 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, 639, 640 VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL (Part) Tract: 9602. Block(s): 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 624, 629, 630, 655, 656, 657 VTD: 0010 MILL CREEK (Part) Tract: 9602. Block(s): 149, 150, 151, 152, 153, 154, 155, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 223B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 619, 620, 621, 622, 623, 625, 626, 627, 628, 631, 632, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672 Education District: 3 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9601.

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Block(s): 405, 406, 501, 502 VTD: 0009 MARTINS FORD VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO Education District: 4 LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL (Part) Tract: 9601. Block(s): 207, 208, 209, 223, 224, 225, 226, 227, 228, 229, 230, 231 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 156, 157, 158, 159, 160, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211 VTD: 0003 CHESTATEE VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0010 MILL CREEK (Part) Tract: 9602. Block(s): 212, 213, 214, 224 VTD: 0015 YAHOOLA (b) For purposes of subsection (a) 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) 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 Lumpkin County School District which is not included in any education district described in subsection (a) of 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 Lumpkin County School District which is described in subsection (a) of 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 . It shall be the duty of the Board of Education of Lumpkin County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3 . Section 2 and this section shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 1996, solely for the purpose of conducting elections in 1996 for those members of the board of education whose terms expire on December 31, 1996, and for all purposes on January 1, 1997. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing for

Page 3837

the election of the members of the Board of Education pof Lumpkin County, approved April 12, 1982 (Ga. L. 1982, p. 4277); and for other purposes. This 2nd day of January, 1995. Gary M, Keith (Supt.) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Middleton, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget, which is the official organ of Lumpkin County, on the following date: January 5, 1995. /s/ Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 20th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. POLK COUNTY TAX COMMISSIONER; COMPENSATION. No. 107 (Senate Bill No. 162). AN ACT To amend an Act creating the office of Tax Commissioner of Polk County, approved March 3, 1964, as amended, especially by an Act approved March 30, 1987 (Ga. L. 1987, p. 4967), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the office of Tax Commissioner of Polk County, approved March 3, 1964, as amended, especially by an Act approved March 30, 1987 (Ga. L. 1987, p. 4967), is amended by striking in its entirety Section 3 and inserting in lieu the following: SECTION 3. The tax commissioner shall receive for his or her services an annual salary in an amount equal to the minimum salary established by general

Page 3838

law, as now or hereafter amended, for the Clerk of the Superior Court of Polk County, payable in equal monthly installments from the funds of Polk County. All necessary clerical employees shall be employed by the tax commissioner and paid such salaries out of county funds as are approved and provided for in the annual budget submitted by the tax commissioner as provided in this Act. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1995 Session of the General Assembly of Georgia, a Bill to amend an Act creating the Office of Tax Commissioner of Polk County, Georgia, approved March 3, 1964 (Ga. L. 1964, p. 2265), as amended, particularly by an Act approved April 11, 1979 (GA. L. 1979, p. 4370), and as amended particularly by an Act approved March 28, 1985 (GA. L. 1985, p. 3796), and as amended particularly by an Act approved March 25, 1986 (GA. L. 1986, p. 4788), and as amended particularly by an Act approved March 21, 1989 (GA. L. 1989, p. 3920), and as amended particularly by an Act approved March 20, 1990 (GA. L. 1990, p. 4030), so as to change the compensation of the Tax Commissioner, to provide an effective date; to repeal conflicting laws; and for other purposes. This 9th day of January, 1995. Dan Casey, Tax Commissioner of Polk County January 12, 1995 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: January 12, 1995. /s/ Nathan Dean Senator, 31st District Sworn to and subscribed before me, this 20th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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LUMPKIN COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUMS. No. 108 (Senate Bill No. 167). AN ACT To create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to provide for submission; to provide for the specific repeal of a local Act; to provide for referendums and the submission of options and questions related thereto to the electors of Lumpkin County; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART 1 SECTION 1-1 . There is created the Board of Commissioners of Lumpkin County to be elected and organized as provided for in this Act. The board of commissioners shall be the successor to the office of commissioner of Lumpkin County and shall continue to have the obligations and liabilities of the commissioner of Lumpkin County as existed immediately prior to January 1, 1997. The board of commissioners shall constitute the governing authority of Lumpkin County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term board, whenever used in this Act, shall mean the Board of Commissioners of Lumpkin County, including the chairperson and all members. SECTION 1-2 . (a) The board of commissioners of Lumpkin County shall consist of a chairperson and four district commissioners. The four district commissioners

Page 3840

shall be residents of their respective commissioner districts described in subsection (b) of this section, but shall be elected by the electors of the entire county as provided in Section 1-3 of this Act. The chairperson shall be elected at large as provided in Section 1-3 of this Act. (b) For the purpose of electing members of the board of commissioners, Lumpkin County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of Lumpkin County: Commissioner District: 1 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9601. Block(s): 219A, 219B, 219C, 219D, 220, 221, 222, 232, 233, 234, 235, 236, 237, 238, 241, 242A, 242B, 329, 503A, 503B, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 530, 531, 532 Tract: 9602. Block(s): 209, 215, 216A That part of Block 216B which lies generally north of Clay Creek Block(s): 217, 218, 219, 220, 221, 222, 223A, 241B, 301A, 301B, 301C, 302, 303, 304, 305A, 305B, 305C, 305D, 306, 307, 308, 309, 310, 311, 312A, 312B, 312C, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401A, 401B, 402, 403, 404A, 404B, 404C, 404D, 405, 406A, 406B, 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, 459A, 459B, 460A, 460B, 461A, 461B, 462, 463, 464A, 464B, 465, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B That part of Block 514 which lies generally west and south of Cane Creek Block(s): 520A, 520B, 520C, 520D That part of Block 520E which lies generally west and south of Cane Creek Block(s): 520F, 521A, 521B, 521C, 521D, 522, 523A, 523B, 523C, 524

Page 3841

Commissioner District: 2 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9602. That part of Block 216B which lies generally south of Clay Creek Block(s): 241A, 241C That part of Block 514 which lies generally north and east of Cane Creek Block(s): 515, 516A, 516B, 517, 518, 519 That part of Block 520E which lies generally north and east of Cane Creek Block(s): 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, 639, 640 VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL (Part) Tract: 9602. Block(s): 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 624, 629, 630, 655, 656, 657 VTD: 0010 MILL CREEK (Part) Tract: 9602. Block(s): 149, 150, 151, 152, 153, 154, 155, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 223B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 619, 620, 621, 622, 623, 625, 626, 627, 628, 631, 632, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672 Commissioner District: 3 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part)

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Tract: 9601. Block(s): 405, 406, 501, 502 VTD: 0009 MARTINS FORD VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO Commissioner District: 4 LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL (Part) Tract: 9601. Block(s): 207, 208, 209, 223, 224, 225, 226, 227, 228, 229, 230, 231 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 156, 157, 158, 159, 160, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211 VTD: 0003 CHESTATEE VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0010 MILL CREEK (Part) Tract: 9602. Block(s): 212, 213, 214, 224 VTD: 0015 YAHOOLA (c) For purposes of subsection (b) 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) 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 Lumpkin County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Lumpkin County which is described in subsection (b) of 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 1-3 . (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must have resided in that district for at least 12 months prior to election thereto, and must receive a majority of the votes cast for that office by the electors of the entire county. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Lumpkin County for at least 12 months prior to election to such office, may reside anywhere within Lumpkin County, and must receive a majority of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Lumpkin County

Page 3844

during that person's term of office or that office shall thereupon become vacant. SECTION 1-4 . (a) The first chairperson and members of the Board of Commissioners of Lumpkin County shall be elected at the state-wide general election which shall be conducted on the Tuesday next following the first Monday in November, 1996. Those members of the board elected thereto from Commissioner Districts 1 and 3 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respective successors. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2000, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (c) The commissioner of Lumpkin County who is in office on January 1, 1996, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 1996. SECTION 1-5 . (a) In the event of a vacancy occurring on or after January 1, 1997, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Lumpkin County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification

Page 3845

of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board. SECTION 1-6 . Before entering upon the discharge of their duties, the chairperson and 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. In addition, the chairperson shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the county treasury. SECTION 1-7 . (a) Commissioners, other than the chairperson, shall be paid a salary of $400.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. (b) The chairperson shall serve in such capacity on a full-time basis and shall receive an annual salary equal to the total compensation, including all supplemental fees, which the highest paid constitutional officer in Lumpkin County would receive if that constitutional officer were elected

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the same year as the chairperson, plus 10 percent of such amount. In addition thereto: (1) The chairperson shall receive any longevity increase upon reelection which shall be authorized by law for any constitutional county officer; (2) The chairperson shall receive any cost-of-living increase authorized by law for any constitutional county officer; and (3) The chairperson shall receive as additional compensation an annual contribution to a pension plan equal to the highest contribution paid by the county into the pension plan of any constitutional officer. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. (c) The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. SECTION 1-8 . At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year. SECTION 1-9 . The board of commissioners shall hold two regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public.

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Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order . SECTION 1-10 . The chairperson shall be the chief elected officer of the county government, shall supervise the day-to-day operations of county government, and shall preside over the meetings of the board of commissioners. The policies, rules, and regulations adopted by the board of commissioners shall be carried out, executed, and enforced by the chairperson. The duties of the chairperson shall include, but shall not be limited to, the following: (1) Maintaining an office; (2) Presiding at all public meetings; (3) Representing the county government at ceremonial functions; (4) Being available to the constituency on a regular basis; (5) Coordinating intergovernmental activity among municipalities, other counties, the state, and the United States and any agencies thereof; (6) Being empowered to submit motions to the board of commissioners for action; (7) Taking the lead role in initiating needs assessments, evaluations of county services, and policy development; and (8) Appointing subcommittee chairpersons with the approval of the commission. SECTION 1-11 . The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:

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(1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Lumpkin County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Lumpkin County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.

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SECTION 1-12 . Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Lumpkin County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. SECTION 1-13 . The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. SECTION 1-14 . The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same. SECTION 1-15 . The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Lumpkin County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commissioners, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of

Page 3850

Lumpkin County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. SECTION 1-16 . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. SECTION 1-17 . The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Lumpkin County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Lumpkin County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 1-18 . An Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, is repealed in its entirety. PART 2 SECTION 2-1 . There is created the Board of Commissioners of Lumpkin County to be elected and organized as provided for in this Act. The board of commissioners

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shall be the successor to the office of commissioner of Lumpkin County and shall continue to have the obligations and liabilities of the commissioner of Lumpkin County as existed immediately prior to January 1, 1997. The board of commissioners shall constitute the governing authority of Lumpkin County and shall exercise the powers, duties, and responsibilities vested in and upon said officers by the provisions of this Act. The term board, whenever used in this Act, shall mean the Board of Commissioners of Lumpkin County, including the chairperson and all members. SECTION 2-2 . (a) The board of commissioners of Lumpkin County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section, but shall be elected by the electors of the entire county as provided in Section 2-3 of this Act. The chairperson shall be elected at large as provided in Section 2-3 of this Act. (b) For the purpose of electing members of the board of commissioners, Lumpkin County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of Lumpkin County: Commissioner District: 1 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9601. Block(s): 219A, 219B, 219C, 219D, 220, 221, 222, 232, 233, 234, 235, 236, 237, 238, 241, 242A, 242B, 329, 503A, 503B, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 530, 531, 532 Tract: 9602. Block(s): 209, 215, 216A That part of Block 216B which lies generally north of Clay Creek Block(s): 217, 218, 219, 220, 221, 222, 223A, 241B, 301A, 301B, 301C, 302, 303, 304, 305A, 305B, 305C, 305D, 306, 307, 308, 309, 310, 311, 312A, 312B, 312C, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401A, 401B, 402, 403, 404A, 404B, 404C, 404D, 405, 406A, 406B, 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,

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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, 459A, 459B, 460A, 460B, 461A, 461B, 462, 463, 464A, 464B, 465, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B That part of Block 514 which lies generally west and south of Cane Creek Block(s): 520A, 520B, 520C, 520D That part of Block 520E which lies generally west and south of Cane Creek Block(s): 520F, 521A, 521B, 521C, 521D, 522, 523A, 523B, 523C, 524 Commissioner District: 2 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9602. That part of Block 216B which lies generally south of Clay Creek Block(s): 241A, 241C That part of Block 514 which lies generally north and east of Cane Creek Block(s): 515, 516A, 516B, 517, 518, 519 That part of Block 520E which lies generally north and east of Cane Creek Block(s): 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, 639, 640 VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL (Part) Tract: 9602. Block(s): 111, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 624, 629, 630, 655, 656, 657 VTD: 0010 MILL CREEK (Part)

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Tract: 9602. Block(s): 149, 150, 151, 152, 153, 154, 155, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 223B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 601, 619, 620, 621, 622, 623, 625, 626, 627, 628, 631, 632, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672 Commissioner District: 3 LUMPKIN COUNTY VTD: 0001 AURARIA AND DAHLONEGA (Part) Tract: 9601. Block(s): 405, 406, 501, 502 VTD: 0009 MARTINS FORD VTD: 0013 SHOAL CREEK VTD: 0014 WAHOO Commissioner District: 4 LUMPKIN COUNTY VTD: 0002 CANE CREEK, HIGHTOWER, AND NIMBLEWILL (Part) Tract: 9601. Block(s): 207, 208, 209, 223, 224, 225, 226, 227, 228, 229, 230, 231 Tract: 9602. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 156, 157, 158, 159, 160, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211 VTD: 0003 CHESTATEE VTD: 0004 CRUMBY AND PORTER SPRINGS VTD: 0007 FROGTOWN VTD: 0010 MILL CREEK (Part) Tract: 9602.

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Block(s): 212, 213, 214, 224 VTD: 0015 YAHOOI A (c) For purposes of subsection (b) 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 [Illegible Text] 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 Lumpkin County which is not included in any commissioner district described in subsection (b) of this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of Lumpkin County which is described in subsection (b) of 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 2-3 . (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from a commissioner district, a person must be 21 years of age or older, must have resided in that

Page 3855

district for at least 12 months prior to election thereto, and must receive a majority of the votes cast for that office by the electors of the entire county. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Lumpkin County for at least 12 months prior to election to such office, may reside anywhere within Lumpkin County, and must receive a majority of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Lumpkin County during that person's term of office or that office shall thereupon become vacant. SECTION 2-4 . (a) The first chairperson and members of the Board of Commissioners of Lumpkin County shall be elected at the state-wide general election which shall be conducted on the Tuesday next following the first Monday in November, 1996. Those members of the board elected thereto from Commissioner Districts 1 and 3 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 1998, and upon the election and qualification of their respective successors. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in 1996 shall take office on the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2000, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (c) The commissioner of Lumpkin County who is in office on January 1, 1996, or any person filling a vacancy in such office, shall serve out the remainder of that person's term of office until the regular expiration of the term of office on December 31, 1996.

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SECTION 2-5 . (a) In the event of a vacancy occurring on or after January 1, 1997, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Lumpkin County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board. SECTION 2-6 . Before entering upon the discharge of their duties, the chairperson and 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. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office

Page 3857

and filed in the office of the judge of the probate court, in the sum of $10,000.00, 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 2-7 . (a) Commissioners, other than the chairperson, shall be paid a salary of $400.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $500.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Lumpkin County. (c) The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts for said expenses to the county clerk and the approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. SECTION 2-8 . At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year. SECTION 2-9 . The board of commissioners shall hold two regular meetings each month at the county seat, which meetings shall be open to the public. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the date, time, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the

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affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order . SECTION 2-10 . The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following: (1) Calling meetings of the board as provided in Section 2-9; (2) Presiding at meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions to the board of commissioners for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the commission; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance. SECTION 2-11 . The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction: (1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;

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(6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Lumpkin County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Lumpkin County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices. SECTION 2-12 . Formal sealed bids shall be received for all purchases in amounts over $1,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Lumpkin County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. SECTION 2-13 . The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be

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abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. SECTION 2-14 . The board of commissioners shall appoint a clerk, who shall keep a proper and accurate book of minutes. The book of minutes of the board of commissioners shall contain all the acts, orders, and proceedings of the board of commissioners in chronological order. The minutes book of the board of commissioners shall be open to the public for inspection at all times during regular office hours; and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as are other funds, to be assessed by the board of commissioners in an amount sufficient to defray the cost of preparing same. SECTION 2-15 . The office of county manager is created. The county manager shall be appointed by the board of commissioners and shall serve at the pleasure of the board of commissioners. Any person appointed as county manager shall possess such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. In conformity with policies and procedures established by the board of commissioners, it shall be the duty of the county manager to administer the affairs and day-to-day business of the county, to perform duties of an administrative nature, and to exercise such powers and responsibilities which may be determined by the board and which are not assigned to another person, office, or entity by law or ordinance. SECTION 2-16 . The chairperson shall submit annually to the board of commissioners a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board of commissioners shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Lumpkin County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the board of commissioners prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board of commissioners, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of

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the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairperson to the grand jury of the Superior Court of Lumpkin County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners. The board of commissioners may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to said beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. SECTION 2-17 . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The chairperson of the board of commissioners and the county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. SECTION 2-18 . The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Lumpkin County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Lumpkin County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 2-19 . An Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, is repealed in its entirety.

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PART 3 SECTION 3-1 . It shall be the duty of the governing authority of Lumpkin County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. SECTION 3-2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lumpkin County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lumpkin County. The ballot shall have written or printed thereon the words: Question No. 1 () YES () NO Shall the governing authority of Lumpkin County be changed from a single commissioner form of government to a board of commissioners to be composed of a chairperson and four additional commissioners? Question No. 2 If a majority of the votes cast on Question No. 1 are in favor of changing the governing authority of Lumpkin County to a board of commissioners, select the type of board which you favor by placing a check ([unk]) mark or (X) in the appropriate space below. Vote for only one of the options below: OPTION 1 ..... A board of commissioners composed of a full-time chairperson, who shall be the chief executive of the county and run the day-to-day business of the county government, and four additional part-time commissioners; or

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OPTION 2 ..... A board of commissioners composed of a chairperson and four additional commissioners, all of whom shall be part-time, and a full-time county manager. No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the governing authority of Lumpkin County from a single commissioner form of government to a board of commissioners shall vote Yes on Question No. 1 and those persons desiring to vote against changing the governing authority of Lumpkin County from a single commissioner form of government to a board of commissioners shall vote No on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Lumpkin County from a single commissioner form of government to a board of commissioners, then either Part 1 or Part 2 of this Act shall become effective as provided in this section. If more than one-half of the votes cast on Question No. 1 are against changing the governing authority of Lumpkin County from a single commissioner form of government to a board of commissioners or if the election is not conducted as provided in this section, then neither Part 1 nor Part 2 of this Act shall become effective and this Act shall be automatically repealed on July 1, 1996. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Lumpkin County from a single commissioner form of government to a board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or if there is a tie vote between Option 1 and Option 2, then Part 1 of this Act shall become effective immediately for the sole purpose of conducting the elections required by Section 1-4 and for all purposes on January 1, 1997, and Part 2 of this Act shall be automatically repealed on July 1, 1996. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Lumpkin County from a single commissioner form of government to a board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Part 2 of this Act shall become effective immediately for the sole purpose of conducting the elections required by Section 2-4 and for all purposes on January 1, 1997, and Part 1 of this Act shall be automatically repealed on July 1, 1996. The expense of such election shall be borne by Lumpkin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3-3 . The provisions of Sections 3-1, 3-2, 3-4, and this section shall become effective upon approval of this Act by the Governor or upon its becoming

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law without such approval. The remaining provisions shall become effective as provided in Section 3-2 of this Act. 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 1995 session of the General Assembly of Georgia a bill to create the Board of Commissioners of Lumpkin County; to provide for the specific repeal of a local Act; to provide for referendums and the submission of options and questions related thereto the electors of Lumpkin County; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1995. J.B. Jones GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Middleton, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nuggett, which is the official organ of Lumpkin County, on the following date: January 12, 1995. /s/ Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 20th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF PELHAM CITY MANAGER; MAYOR AND COUNCIL; VACANCIES. No. 109 (House Bill No. 574). AN ACT To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, so as to provide for

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additional duties of the city manager; to change the manner and method of filling vacancies in the office of mayor or councilmember; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, is amended by striking Section 3.12 and inserting in its place a new Section 3.12 to read as follows: SECTION 3.12. City Manager. The mayor and council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance of the mayor and council, and in so doing, the mayor and council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. It shall also be the duty of the city manager to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city. SECTION 2 . Said Act is further amended by striking Section 5.13 and inserting in its place a new Section 5.13 to read as follows: SECTION 5.13. Vacancy; filling of vacancies; suspensions; appointments; special elections. (a) VacanciesThe office of mayor or councilmember shall become vacant upon the incumbent's failure to meet the residency requirements specified in subsection (d) of Section 5.10 of this charter, 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 temporary leave of absence granted by the mayor and council and entered upon the minutes shall not constitute an abandonment of office or create a vacancy in office. 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 subsection (c) of this section. (b) SuspensionUpon 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

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the remainder of the unexpired term, if any, as provided for in subsection (c) of this section. (c) 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. Any person so appointed or elected shall be subject to the qualifications for such office as specified in this charter and the general laws of this state. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL BILL It is the intention of the City of Pelham to introduce a local bill at the 1995 session of the General Assembly of the State of Georgia which sets out new duties of the City Manager and further amends the manner for the replacement of a council person or the mayor of the City of Pelham, this notice being made pursuant to O.C.G.A. 28-1-14. 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 164th 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 13, 1995. /s/ A. Richard Royal Representative, 164th District Sworn to and subscribed before me, this 18th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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CITY OF GORDON MUNICIPAL COURT; JURISDICTION. No. 110 (House Bill No. 427). AN ACT To amend an Act providing for a new charter for the City of Gordon, approved March 24, 1988 (Ga. L. 1988, p. 4375), so as to change the powers of the judge of the municipal court; to provide that the municipal court shall have jurisdiction in state misdemeanor cases under certain circumstances; to provide for the effect of a waiver of a jury trial and consent to the jurisdiction of the municipal court; to provide for the applicability of certain laws; to change certain penalty provisions; 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 new charter for the City of Gordon, approved March 24, 1988 (Ga. L. 1988, p. 4375), is amended by striking Section 5.13 in its entirety and inserting in lieu thereof a new Section 5.13 to read as follows: SECTION 5.13. Powers. (a) (1) The municipal court shall have jurisdiction to try and punish all violations of this charter, violations of city ordinances, and such other violations as provided by law, including all misdemeanor state offenses committed within the city limits when the defendant waives a jury trial and consents to the trial of such case in the municipal court; provided, however, that any defendant charged with a state offense shall be entitled, upon request, and prior to the entry of any plea, to have the case transferred to the court having general misdemeanor jurisdiction in the county. The defendant's appearance and entry of a plea, waiver of a trial by jury, and consent to trial by the municipal court shall constitute a waiver of the right to a transfer of such state offense. The jurisdiction of the municipal court shall include misdemeanor violations of Code Sections 16-11-126, 16-11-127, 16-11-128, 16-11-129, and 16-11-132 of the O.C.G.A. when the defendant waives a jury trial and consents to the trial of such case in the municipal court. (2) The provisions of Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to disposition of property seized in crimes, shall be applicable to property seized in criminal cases over which the municipal court exercises jurisdiction in accordance with paragraph (1) of this subsection. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both or may fix punishment by fines, 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 or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her 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. (k) The violation of any provision of this charter for which a penalty is not specifically provided is punishable by a fine of not more than $1,000.00 or imprisonment not to exceed 90 days, or both. 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 1995 session of the General Assembly of Georgia a bill to amendand Act providing a new charter for the City of Gordon, approved March 24, 1988 (Ga. L. 1988, p. 4375); and for other purposes. This 10th day of January, 1995 Kenneth Birdsong, Representative, 123rd 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 123rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of Wilkinson County, on the following date: January 11, 1995. /s/ Kenneth W. Birdsong Representative, 123rd District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. TATTNALL COUNTY BOARD OF ELECTIONS; CREATION. No. 111 (House Bill No. 123). AN ACT To create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, and oaths; to provide for a chairperson and the term, powers, and duties thereof; to provide for compensation of the chairperson, members, and staff of the board; to provide for powers and duties of the board; to provide for board organization and regulations; to provide for the expenditure of public funds by the board; to relieve the election superintendent of certain powers and duties and require certain transfers to the board; to provide for offices, supplies, and staff; to provide for board

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contracts; to provide for definitions; to provide for authority; to require certain submissions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . There is created in and for Tattnall County the Tattnall County Board of Elections, sometimes referred to in this Act as the board. The board is empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections. SECTION 2 . The board shall be composed of three members, each of whom shall be an elector and resident of Tattnall County, and shall be appointed in the following manner: (1) One member shall be appointed by the chairperson of the Tattnall County executive committee of the political party whose candidate for Governor at the last preceding general election received the largest number of votes within the county. One member shall be appointed by the chairperson of the Tattnall County executive committee of the political party whose candidate for Governor at such election received the next largest number of such votes. One member shall be appointed by the governing authority of Tattnall County. (2) Each of the appointments made by the respective executive committee chairpersons shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes. In the event such appointments are not ratified by a majority of the members of such executive committees at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 3 of this Act. SECTION 3 . The appointment of each member shall be made by the respective appointing authority by filing an affidavit with the clerk of the Superior Court of Tattnall County no later than 30 days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed as provided in this Act. That clerk of the superior court shall record each of such certifications on the minutes of the court, shall certify the name of each such appointed member to the Secretary of State, and shall provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. In the event any appointing authority fails to make a regular appointment within the times specified in this section and in subsection (2) of Section 2 or to make an interim appointment or

Page 3871

election to fill a vacancy within 60 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of Tattnall County. SECTION 4 . (a) The initial members of the Tattnall County Board of Elections created by this Act shall serve for a term of office beginning May 1, 1995, and expiring December 31, 1996, and until the selection and qualification of their respective successors. Thereafter, all appointees shall serve for a term of two years beginning on the first day of January immediately following the expiration of such member's respective predecessor's term of office and until a successor is appointed and qualified, except in the event of a resignation or removal as provided in this Act. Successors shall be appointed in accordance with the provisions of Section 2 of this Act. (b) Successors and future successors shall be appointed in the manner described in Section 2 of this Act and shall serve for terms of office of two years each and until their successors are duly appointed and qualified. SECTION 5 . (a) Each member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving written notice of resignation to the county governing authority and to the clerk of the Superior Court of Tattnall County. (b) All members 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 member of the board before the expiration of such person's term by removal, death, resignation, or otherwise, the appointing authority which appointed the member who has created the vacancy shall appoint a successor to serve the remainder of the unexpired term in the manner described in Section 2 of this Act. The clerk of the Superior Court of Tattnall County shall be notified of interim appointments and shall record and certify such appointments and changes in the same manner as for the regular appointments of members. SECTION 7 . Before entering upon their duties, all members shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 8 . No person who holds elective public office shall be eligible for appointment to the board during the term of such elective office, and the position

Page 3872

of any member shall be deemed vacant upon such member's qualifying as a candidate for elective office. SECTION 9 . (a) The member appointed by the governing authority of Tattnall County shall serve as chairperson of the board. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. (b) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. SECTION 10 . Compensation for the chairperson and members of the board, clerical assistants, and other employees shall be such as may be fixed by the governing authority of Tattnall County. Said compensation shall be paid totally from county funds of Tattnall County. SECTION 11 . The board shall have the following powers and duties: (1) It shall succeed to and exercise all of the duties granted to and incumbent upon the election superintendent of Tattnall County pursuant to the provisions of Title 21 of the O.C.G.A., as now or hereafter amended, and any other provision of law. (2) It shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the O.C.G.A., relating to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board. (3) It shall be responsible for the selection, appointment, and training of poll workers in elections; and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. SECTION 12 . The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is

Page 3873

appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall be in conflict with any other provision of law. SECTION 13 . With the consent of the governing authority of Tattnall County, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately electors of the county with regard to elections. SECTION 14 . The election superintendent of Tattnall County is relieved from all powers and duties to which the board succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon that person's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. The judge of the Probate Court of Tattnall County shall continue to swear in all persons elected to public office. SECTION 15 . The governing authority of Tattnall 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 16 . The board shall have the authority to contract with any municipality located within Tattnall County for the holding of any primary or election by the board to be conducted within the municipality. SECTION 17 . The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A. unless otherwise clearly apparent from the text of this Act. SECTION 18 . This Act is enacted pursuant to the authority granted by Code Section 21-2-40 of the O.C.G.A. to create boards of election by local Act. SECTION 19 . It shall be the duty of the governing authority of Tattnall County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, to the United States Attorney General for approval.

Page 3874

SECTION 20 . All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to create a board with the powers and duties of the elections for Tattnall County and empower such board with the powers and duties of the election supervisor; to provide for related matters; to repeal conflicting laws; and for other purposes. This 27th day of December, 1994. Honorable Terry Barnard Representative-elect, 154th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Barnard, 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 Tattnall Journal, which is the official organ of Tattnall County, on the following date: January 5, 1995. /s/ Terry Barnard Representative, 154th District Sworn to and subscribed before me, this 10th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. HEARD COUNTY BOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS. No. 112 (House Bill No. 294). AN ACT To amend an Act providing for the election of members of the board of education of Heard County, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, so as to provide for nonpartisan primaries and elections for members of the board of education of Heard County; to repeal conflicting laws; and for other purposes.

Page 3875

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 Heard County, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, is amended by inserting in Section 2 a new subsection to be designated subsection (d) to read as follows: (d) All members of the board who are elected by the voters shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 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 1995 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 Heard County; approved March 28, 1985 (Ga. L. 1985; p. 5078), as amended; to repeal conflicting laws; and for other purposes. This 29th day of December, 1994. s/ Honorable Donna Staples Brooks Representative, 103rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donna Staples Brooks, who, on oath, deposes and says that she is Representative from the 103rd 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 11, 1995. /s/ Donna Staples Brooks Representative, 103rd District Sworn to and subscribed before me, this 19th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

Page 3876

IRWIN COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; COMPENSATION. No. 113 (House Bill No. 210). AN ACT To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, so as to change provisions relating to the salary of the chairman of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is amended by striking subsections (b) and (c) of Section 6 of said Act in their entirety and inserting in their places new subsections (b) and (c) to read as follows: (b) The chairman shall receive a salary of not less than $1,500.00 per month and not more than $2,100.00 per month. The board of commissioners shall, by ordinance, set the salary of the chairman at not less than $1,500.00 per month and not more than $2,100.00 per month. (c) In addition to the salaries provided in subsection (a) and (b) of this section, each member of the board, except for the chairman, shall receive a local travel expense allowance of $2,400.00 per year. The chairman of said board may be furnished with a vehicle purchased by the county with county funds and with the necessary expenses in the operation of same, including gasoline, oil, repairs, etc.; but the chairman shall not operate said vehicle except when he is engaged solely upon business relating to county matters. When the chairman and other commissioners are away from the county but engaged in business relating to this office and in the interest of the county, they shall be reimbursed for their actual, reasonable expenses while away provided the board first approves same. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the Regular 1995 Session of the General Assembly of Georgia a bill to authorize the

Page 3877

county commissioners to set the salary for the Chairman of the Irwin County Commissioners at not less than $1,500.00 per month nor more than $2,100.00 per month, and to provide for travel expense and for other related matters for said board. This 21st day of December, 1994. Thomas E. Pujadas County Attorney 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 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star, which is the official organ of Irwin County, on the following date: December 28, 1994. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 12th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. GREENE COUNTY BOARD OF EDUCATION; DISTRICTS. No. 114 (House Bill No. 275). AN ACT To amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved February 18, 1993 (Ga. L. 1993, p. 3820), so as to change the composition of the districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for a statement of intent; to provide for submission of this Act to the United States Attorney General; 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 Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act

Page 3880

230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 319 VTD: 0003 WOODVILLE (Part) Tract: 9502. Block(s): 110, 111 VTD: 0004 UNIONPOINT (Part) Tract: 9502. Block(s): 113, 135, 136, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 311, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 326B, 326C, 327A, 327B, 328, 329A, 335, 336, 337, 338, 339, 340, 341A, 341B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355A, 355B, 356A, 356B, 357A, 357B VTD: 0005 SILOAM (Part) Tract: 9503. Block(s): 113, 114, 133, 134, 135, 136, 137, 138, 139, 140, 141 Tract: 9504. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 128A, 128B, 132 Education District: 4 GREENE COUNTY VTD: 0001 GREENSBORO (Part) Tract: 9501. Block(s): 140, 141, 146, 147, 246, 250, 284, 285, 286, 287, 288, 289, 290, 291, 292 Tract: 9503. Block(s): 242, 243, 244, 245, 246, 247, 301, 302, 303, 304, 305, 313, 320, 321A, 321B, 322A, 324A, 324B, 324C, 411, 412, 413, 414, 415, 421, 423A, 423B, 424, 425, 426, 427, 428, 506, 507A, 507B, 508A, 508B, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523,

Page 3881

524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 552A, 553, 554, 555, 556, 557, 558, 559, 562, 563, 564, 565, 566, 567, 568 Tract: 9505. Block(s): 140, 141A, 170, 171, 172 VTD: 0002 GRESHAMVILLE VTD: 0003 WOODVILLE (Part) Tract: 9501. Block(s): 109, 110, 114B, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 251, 252 VTD: 0005 SILOAM (Part) Tract: 9503. Block(s): 546, 547, 551, 552B, 560, 561 VTD: 0007 LIBERTY (Part) Tract: 9505. Block(s): 135, 136, 137, 138, 139, 141B, 143, 159, 160, 161 Block(s): That part of Block 162 which lies west of Howard Lewis Road extended to its intersection with the shoreline of Lake Oconee (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 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

Page 3882

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 Greene 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 Greene 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 . It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Greene County are to be elected in the November, 1996, general election and in subsequent general elections. It is not the intention of the General Assembly to affect the membership of the 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 Greene County Board of Education to submit this Act to the United States Attorney General for 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved February 18, 1993 (Ga. L. 1993, p. 3802), so as to change the composition of the districts from which the members of the board are elected; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 3883

This 30th day of December, 1994. s/R.M. Channell Honorable R.M. Channell, Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, 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 Herald Journal, which is the official organ of Greene County, on the following date: December 30, 1994. /s/ Mickey Channell Representative, 111th District Sworn to and subscribed before me, this 13th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. UPSON COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 115 (House Bill No. 451). AN ACT To amend an Act creating a board of commissioners of roads and revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved March 5, 1984 (Ga. L. 1984, p. 3729), so as to reapportion the board of commissioners; to provide new commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attorney General; to 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 creating a board of commissioners of roads and revenues for Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved March 5, 1984 (Ga. L. 1984, p. 3729), is amended by striking subsection (d) of Section 2 and inserting in lieu thereof a new subsection to read as follows: (d)(1) For the purpose of electing the four members of the board of commissioners who are elected from districts, Upson County shall be divided into four commissioner districts as follows:

Page 3884

Commissioner District: 1 UPSON COUNTY VTD: 0003 JUG DISTRICT (Part) Tract: 9901. Block(s): 220, 221, 222, 223, 225, 231, 232, 233, 238, 239, 248, 250A, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272A, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 295 Tract: 9906. Block(s): 120, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 223A, 225 VTD: 0004 LINCOLN PARK (Part) Tract: 9904. Block(s): 325, 327, 328, 403B, 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 VTD: 0007 SALEM VTD: 0009 TOWN DISTRICT (Part) Tract: 9901. Block(s): 234, 235, 236, 237, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250B, 251, 252, 253, 254, 255, 256, 257, 258 Tract: 9904. Block(s): 316B, 318B, 319B, 320, 321B, 322B, 323, 324, 326, 329, 330, 331, 332, 336B, 401B, 402B, 502A, 503A, 503C, 516B, 525, 526, 527, 528, 529, 530, 531, 532B Tract: 9905. Block(s): 135B, 146, 147, 148, 149, 150, 151, 152, 153, 154, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 242, 243, 244, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 327, 411, 414, 434, 435A, 435B, 436, 437, 438, 439, 440, 441, 501, 502, 503, 504, 505, 506, 507, 508B, 517, 518, 519, 522A, 522B, 523A, 523B, 524, 525, 526, 527, 528, 529, 530A, 530B, 531

Page 3885

Tract: 9906. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 121, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247 Commissioner District: 2 UPSON COUNTY VTD: 0001 ATWATER (Part) Tract: 9902. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 136, 137, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 224, 227, 228, 229, 504, 505, 506 Tract: 9903. Block(s): 101, 102, 103, 104, 148, 173, 174, 201, 202, 203, 242 VTD: 0002 FLINT DISTRICT VTD: 0005 REDBONE DISTRICT (Part) Tract: 9902. Block(s): 503, 507, 508 VTD: 0006 REEVES VTD: 0009 TOWN DISTRICT (Part) Tract: 9902. Block(s): 418B, 418C, 418D, 420, 421, 422B, 423A, 423B, 424B, 426, 427A, 427B, 428A, 428B, 429, 430, 431, 432, 433A, 433B, 434A, 434B, 435, 436A, 436B, 437 Tract: 9903. Block(s): 232, 233, 238, 239, 240, 241, 243, 244, 245, 246, 247, 248, 249, 250, 277, 278, 279, 280, 281, 282, 283, 284, 295, 297 Tract: 9904. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 215C, 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, 301, 302, 303, 313, 314, 315,

Page 3886

605, 606, 607, 610, 611, 612, 613, 614, 615, 616, 617, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632 Commissioner District: 3 UPSON COUNTY VTD: 0001 ATWATER (Part) Tract: 9902. Block(s): 217, 218, 223, 226 VTD: 0003 JUG DISTRICT (Part) Tract: 9901. Block(s): 226 VTD: 0005 REDBONE DISTRICT (Part) Tract: 9901. Block(s): 116, 145, 146, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164 Tract: 9902. Block(s): 101, 102, 103, 104, 105, 106, 107, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 219, 220, 221, 222, 225, 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, 401, 402, 403, 404, 405, 406, 410, 413A, 413B, 413C, 414A, 414B, 414C, 415, 416A, 416B, 416C, 501, 502, 509A, 509B, 509C, 510A, 510B, 511A, 511B, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525 Tract: 9905. Block(s): 101, 102, 103 VTD: 0008 THE ROCK VTD: 0010 YATESVILLE Commissioner District: 4 UPSON COUNTY VTD: 0004 LINCOLN PARK (Part) Tract: 9904. Block(s): 403A

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VTD: 0005 REDBONE DISTRICT (Part) Tract: 9902. Block(s): 407, 408, 409, 411, 412 Tract: 9905. Block(s): 104, 105, 106, 107A, 107B, 107C, 107D, 108, 109, 110, 111, 112, 113A, 113C, 113D, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132A, 132B, 132C, 133A, 133B, 133C, 133D, 133E, 134, 135A, 135C, 135D, 135E, 137B, 401, 402A, 402B, 403A, 403B, 404, 405, 406, 407, 408, 409, 410, 412, 413, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433 VTD: 0009 TOWN DISTRICT (Part) Tract: 9902. Block(s): 417A, 417B, 418A, 419, 422A, 424A, 425, 438, 439, 440, 441, 442, 443, 444 Tract: 9904. Block(s): 101, 102, 103, 104, 105, 106, 107, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 130, 131, 132, 133, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 312B, 316A, 317, 318A, 319A, 321A, 322A, 333, 334, 335A, 335B, 336A, 336C, 337, 338, 401A, 402A, 501, 502B, 503B, 504A, 504B, 505, 506A, 506B, 507A, 507B, 508, 509, 510, 511A, 511B, 512, 513, 514, 515, 516A, 516C, 516D, 517, 518, 519, 520, 521, 522, 523, 524, 532A, 601, 602, 603, 604, 608, 609, 618 Tract: 9905. Block(s): 113B, 136, 137A, 137C, 137D, 137E, 138, 139, 140, 141, 142, 143, 144, 145, 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, 237, 238, 239, 240, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 319, 320, 328, 329, 330, 508A, 509, 510, 511, 512, 513, 514, 515, 516, 520, 521, 532, 533, 534 Tract: 9906. Block(s): 111A (2) For purposes of this section: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the

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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 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; (D) Any part of Upson 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 (E) Any part of Upson 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 their entirety subsections (a) and (b) of Section 3 and inserting in lieu thereof the following subsections: (a) The present members of the board of commissioners of Upson County shall continue to serve out the terms of office for which they were elected and until their successors are elected and qualified as provided in this section. (b)(1) In the general election in 1996, a new chairperson and new members to represent commissioner districts 1 and 2 shall be elected. Such members shall take office on January 1, 1997, and shall serve terms of four years and until their successors are elected and qualified. (2) In the general election in 1998, new members to represent commissioner districts 3 and 4 shall be elected. Such members shall take office on January 1, 1999, and shall serve terms of four years and until their successors are elected and qualified.

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SECTION 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the governing authority of Upson County to require the attorney of the governing authority 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 1996, 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 local legislation will be introduced by Representative Mack Crawford in the 1995 Session of the General Assembly of Georgia for the purpose of making changes in the Upson County Commission district lines. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times and Free Press, which is the official organ of Upson County, on the following date: January 11, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 26th day of January, 1995. Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. FULTON COUNTY FULTON COUNTY PERSONNEL BOARD; MERIT SYSTEM. No. 116 (House Bill No. 102). AN ACT To amend an Act revising and consolidating the law pertaining to the Fulton County Personnel Board and the Fulton County Merit System of

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Personnel Administration, approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, so as to eliminate specific requirements with reference to racial minorities and females; to change the position relating to the obtaining of records and witness at hearing; to redefine the membership of the unclassified service; to change the provisions relative to notice of disciplinary action and appeals; to change the provisions relative to appeal of disciplinary action against unclassified employees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act revising and consolidating the laws pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, approved April 13, 1982 (Ga. L. 1982, p. 4896), as amended, is amended by deleting in its entirety paragraph (8) of subsection (b) of Section 5 which reads as follows: (8) To encourage appropriate and reasonable actions consistent with merit principles and this Act; in coordination with the county manager and other appointing authorities, to achieve and maintain an equitable balance of placement of all racial minorities and females into county positions so that such persons are reasonably proportionate to the working-age population of Fulton County as determined by the latest decennial United States census figures; and by redesignating current paragraphs (9) through (17) of said subsection as paragraphs (8) through (16), respectively. SECTION 2 . Said Act is further amended by striking from paragraph (12) of subsection (b) of Section 5 the words to require the attendance of witnesses and the production of books, papers, public records, and other documentary evidence pertinent to any investigation in connection with the administration of this Act so that said paragraph (12) shall read as follows: (12) The personnel director shall have the power, as executive agent of the personnel board, to issue subpoenas, receive relevant evidence, administer oaths, and question witnesses; SECTION 3 . Said Act is further amended by striking from paragraph (9) of subsection (b) of Section 6 the words or fee basis and inserting in lieu thereof the words fee, or hourly basis, so that said subsection (9) shall read as follows: (9) Individuals who perform services on a contract, fee, or hourly basis.

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SECTION 4 . Said Act is further amended by inserting following subsection (c) of Section 6 thereof a new subsection which shall be known as subsection (d) which shall read as follows: (d) Only permanent classified employees who have successfully completed their probationary period shall have property interest in indefinite tenured employment during good behavior and satisfactory performance and shall not be subject to demotion, suspension, or dismissal except for cause as defined by the Fulton County personnel regulations. All other employees remain terminable at the will of Fulton County and are not governed by the disciplinary provisions of the Fulton County personnel regulations. SECTION 5 . Said Act is further amended by striking subsection (b) of Section 9 in its entirety and inserting in lieu thereof a new subsection (b) which shall read as follows: (b) Any dismissal, suspension, or demotion of a permanent classified employee for cause which results in a loss of salary, grade, or classification shall be stated to such employee in writing. This writing shall include notice of the charges against the permanent classified employee, the effective time and date of such disciplinary action, and explanation of the reasons for the disciplinary action, and shall give the employee an opportunity to respond orally or in writing to the charges. This writing shall be provided to the employee not less than 24 hours prior to the effective date and time of such disciplinary action. Any permanent classified employee who is dismissed, suspended without pay, or demoted for cause as specified above shall also have the right to appeal to the personnel board as set forth elsewhere in this Act and in the applicable personnel regulations. SECTION 6 . Said Act is further amended by striking subsection (c) of Section 9 in its entirety and inserting in lieu thereof a new subsection (c) which shall read as follows: (c) Any permanent classified Fulton County employee who is dismissed, suspended, demoted, or otherwise disciplined for cause, whereby such employee suffers any loss in salary, grade, or classification, shall have the right to appeal such action to the personnel board. Such appeal shall be made in writing within ten working days from the date of his or her being notified of the action. The grounds for such appeal to the personnel board shall include those cases wherein the appellant alleges that the disciplinary action taken was prohibited by applicable law and may include those cases wherein personal, political, or religious

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reasons are alleged by the appellant. All other employees do not have the right to appeal disciplinary actions taken against them to the personnel board, but such employees may file grievances through supervisory channels. The ability to file a grievance in no way gives any employee a property interest in employment. A grievance cannot be construed to convert any demotion, suspension without pay, dismissal, or other disciplinary action taken for cause under the disciplinary provisions of the personnel regulations. Detailed procedures for the conduct of an appeal to the personnel board shall be set forth in the personnel regulations as provided by this Act. In the event that a terminated employee's liberty interest is violated, such employee shall be provided with a name-clearing hearing. The personnel board shall conduct name-clearing hearings for terminated permanent classified employees. The grievance review committee shall conduct name-clearing hearings for all other terminated employees. Detailed procedures for the conduct of a name-clearing hearing shall be set forth in the personnel regulations as provided by this Act. SECTION 7 . This Act shall become effective on July 1, 1995. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the 1995 Session of the Georgia Assembly of Georgia a bill to amend an act creating the Fulton County Personnel Board, approved April 13, 1992, Ga. L. 1982, p. 4896, as amended for other purposes. This 6th day of January, 1995. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grace Davis, 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

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the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 6, 1995. /s/ Grace Davis Representative, 48th District Sworn to and subscribed before me, this 9th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF PERRY DEPARTMENT AND AGENCY DIRECTORS; CITY MANAGER. No. 117 (House Bill No. 539). AN ACT To amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, so as to provide for appointment, duties, and removal of department and agency directors; to provide for appointment, compensation, and removal of a city manager; to provide for the authority of the city manager to discharge certain city employees; 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 Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, is amended by striking in its entirety subsection (d) of Section 3.10 and inserting in lieu thereof a new subsection (d) to read as follows: (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the immediate direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency. Directors shall be appointed upon approval by a majority vote of the city council. The city manager may make recommendations to the city council regarding the appointment, suspension, demotion, or discharge of such directors, but any such recommendation shall be subject to approval by resolution adopted in accordance with the provisions of Section 2.21 of this charter. Each director shall serve at the pleasure of the city council.

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SECTION 2 . Said Act is further amended by striking in its entirety subsection (c) of Section 3.16 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The city manager shall be appointed with regard to merit only. The city manager shall hold office at the pleasure of the city council and may be discharged at any time, with or without cause, in accordance with the procedures set forth in subsection (f) of this section. The city manager shall receive such compensation as the city council shall determine. SECTION 3 . Said Act is further amended by striking in its entirety paragraph (4) of subsection (d) of Section 3.16 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) In consultation with the appropriate department or agency director and the personnel officer or committee, if any, appoint and, when deeming it necessary for the good of the city, suspend or remove any and all city employees, except department or agency directors and those persons appointed by the mayor and council under the provisions of this charter or by law or personnel ordinances adopted pursuant to this charter; SECTION 4 . Said Act is further amended by striking in its entirety subsection (f) of Section 3.16 and inserting in lieu thereof a new subsection (f) to read as follows: (f) The city manager may be removed from office in accordance with the following procedures: (1) Removal of the city manager shall require adoption of a resolution for removal in accordance with the provisions of Section 2.21 of this charter; (2) The resolution may also provide for the suspension of the city manager for a period not to exceed 45 days; (3) A certified copy of the resolution shall promptly be served on the city manager; (4) The city manager shall be entitled to receive his or her salary up until the effective date of a resolution of removal; and (5) The action of the council in suspending or removing a city manager shall not be subject to review by any court or agency except for the determination of constitutional questions.

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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 1995 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended; and for other purposes. This 20th day of January, 1995. Representative Larry Walker GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Times Journal, which is the official organ of Houston County, on the following date: January 25, 1995. /s/ Larry Walker Representative, 141st District Sworn to and subscribed before me, this 31st day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. GILMER COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 118 (House Bill No. 556). AN ACT To provide a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to

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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 Gilmer County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (4) Senior citizen means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2 . (a) Each resident of the Gilmer County School District who is a senior citizen is granted an exemption on that person's homestead from all Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 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 $20,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the tax commissioner of Gilmer County giving the person's age, the amount of gross income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. SECTION 3 . The tax commissioner of Gilmer 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.

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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 the person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit 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 Gilmer 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 Gilmer 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 Gilmer 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, 1996. SECTION 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gilmer County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gilmer County School District for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. or, if any other Act enacted by General Assembly of Georgia at the regular session in 1995 requires a referendum or special election in Gilmer County or the Gilmer County School District in 1995, on the same date as such other referendum or special election. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gilmer County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which provides a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and who have annual incomes not exceeding $20,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect on January 1, 1996. If the Act is 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 Gilmer County. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to provide for an exemption from all Gilmer County School District taxes in a certain amount for certain residents of the Gilmer County School District; and for other purposes. This 23rd day of January, 1995. (s) Representative Ben N. Whitaker 7th District (s) Senator David Ralston 51st District GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben N. Whitaker, 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 Times-Courier, which is the official organ of Gilmer County, on the following date: January 26, 1995. /s/ Ben N. Whitaker Representative, 7th District Sworn to and subscribed before me, this 30th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. WALTON COUNTY WALTON COUNTY COMMISSION ON CHILDREN AND YOUTH. No. 119 (House Bill No. 629). AN ACT To amend an Act entitled An Act to create the Walton County Commission of Children and Youth, approved March 24, 1994 (Ga. L. 1994, p. 4076), so as to clarify the nature of the commission; 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 Walton County Commission of Children and Youth, approved March 24, 1994 (Ga. L. 1994, p. 4076), is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) There is created a body corporate and politic to be known as the Walton County Commission on Children and Youth, which shall be deemed to be an instrumentality of the state and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The commission shall have perpetual existence. The commission shall be composed of 19 members as follows: (1) Four members to be appointed by the Walton County legislative delegation, two of whom shall reside in the 84th House legislative

Page 3900

district and be appointed by that member of the delegation who represents such district and two of whom shall reside in the 87th House legislative district and be appointed by that member of the delegation who represents such district; one appointee of each House member shall serve for an initial term of one year and one appointee of each House member shall serve an initial term of two years; (2) Two members to be appointed by the Walton County legislative delegation, from Senate District 45, who shall reside in such district and be appointed by the member of the delegation who represents such district; one of such members shall be appointed for an initial term of two years and one for an initial term of two years; (3) Four members to be appointed by the Board of Commissioners of Walton County who shall reside in the county, which members shall serve for initial terms of two years; and (4) Nine members to be appointed by the judiciary of the Walton County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court, which members shall serve for initial terms of one year. Appointments to the Walton County Commission on Children and Youth shall include at least two members from each of the following fields or professions: (1) Law enforcement; (2) Child welfare; (3) Medical; (4) The judiciary; (5) Education; and (6) The business and civic community. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create the Walton County commission of Children and Youth, approved March 24, 1994 (Ga. L. 1994, p. 4076); and for other purposes. This 24th day of January, 1995. Representative Len Walker 87th District GEORGIA, FULTON COUNTY

Page 3901

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, 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 Walton Tribune, which is the official organ of Walton County, on the following date: February 1, 1995. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 3rd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. BEN HILL COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 120 (House Bill No. 575). AN ACT To amend an Act creating the Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3475), so as to change the compensation of the chairperson and commissioners of such board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3475), is amended by striking in its entirety Section 14 and inserting in lieu thereof the following: SECTION 14. The chairperson of the board shall be paid a sum determined by the board; provided, however, that such sum shall not be less than $200.00 per month nor more than $600.00 per month. Each commissioner other than the chairperson shall be paid a sum determined by the board; provided, however, that such sum shall not be less than $150.00 per month nor more than $500.00 per month.

Page 3902

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 LOCAL LEGISLATION Notice is hereby given that there will be introduced into the 1995 regular session of the General Assembly of Georgia a bill to provide for the compensation for the members of the Board of Commissioners for Ben Hill County, Georgia, and for other matters relating to said commission and for other purposes. This 17th day of January, 1995. /s/ O.D. Netter Vice Chairman Ben Hill County Board of Commissioners 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 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Leader, which is the official organ of Ben Hill County, on the following date; January 25, 1995. /s/ W.N. Hudson Representative, 156th District Sworn to and subscribed before me, this 2nd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. LAMAR COUNTY PROBATE COURT; JURISDICTION. No. 121 (House Bill No. 639). AN ACT To amend an Act making provisions for the judge of the Probate Court of Lamar County, approved March 27, 1972 (Ga. L. 1972, p. 2636), as

Page 3903

amended, so as to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act making provisions for the judge of the Probate Court of Lamar County, approved March 27, 1972 (Ga. L. 1972, p. 2636), as amended, is amended by adding, following Section 3, a new Section 3.1 to read as follows: SECTION 3.1. The judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor. 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 1995 session of the General Assembly of Georgia a bill to amend an Act making provisions for the judge of the Probate Court of Lamar County, approved March 27, 1972 (Ga. L. 1972, p. 2636), as amended; and for other purposes. This 24th day of January, 1995. Larry Smith Rep. Dist. 109 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 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3904

the Barnesville Herald-Gazette, which is the official organ of Lamar County, on the following date: January 31, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 3rd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. MUSCOGEE COUNTY BOARD OF ELECTIONS AND REGISTRATION; MEMBERSHIP; EXECUTIVE DIRECTOR; STAFF. No. 122 (House Bill No. 642). AN ACT To amend an Act creating the board of elections and registration for Muscogee County, approved April 4, 1991 (Ga. L. 1991, p. 4160), so as to change the manner of selecting members of the board; to change the manner of filling vacancies; to provide for succession and removal of members; to provide for affidavits and the issuance of commissions; to provide that the executive director shall report directly to and be supervised by such board; to change certain provisions relating to qualifications for serving as a member of the board, as executive director, or as a member of the staff hired by the executive director; 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 elections and registration for Muscogee County, approved April 4, 1991 (Ga. L. 1991, p. 4160), is amended by striking Sections 2, 3, 4, and 5 and inserting in their places new Sections 2, 3, 4, and 5 to read as follows: SECTION 2. (a) The Muscogee County Board of Elections and Registration shall be composed of five members, each of whom shall be an elector and resident of Muscogee County, three of whom shall be selected by the Columbus Council and two of whom shall be selected by the Columbus Council from among three names submitted by each of the chairpersons of the political parties whose candidates in the immediately preceding

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November general election received the largest and the next largest numbers of votes in Georgia for members of the General Assembly. (b) After enactment of the 1995 amendatory Act, the Columbus Council will make the necessary appointments if the chairpersons of the two political parties do not submit three names within 60 days after the creation of vacancies. SECTION 3. The Clerk of Council shall file affidavits with the Clerk of the Superior Court designating the appointments made by the Columbus Council, as well as the appointments made by the Columbus Council from among the three names submitted by each of the chairpersons of the political parties whose candidates received the largest and the next largest numbers of votes in the immediately preceding November general election in Georgia for members of the General Assembly. SECTION 4. (a) Appointments to the Muscogee County Board of Elections and Registration shall be made as soon as is practicable after the effective date of this Act, and members appointed for these initial terms shall serve until December 31, 1991; thereafter, appointees of political parties shall serve for two-year terms ending December 31, 1993, and then for four-year terms; and appointees of the Columbus Council shall serve for four-year terms ending December 31, 1995, and then for four-year terms. All appointees shall serve until the appointment and qualification of their respective successors. (b) After the effective date of the 1995 amendatory Act that requires the chairpersons of the political parties that received the largest and the next largest numbers of votes in the immediately preceding November general election in Georgia for members of the General Assembly to each submit three names to the Columbus Council which will then select one of the three to sit on the Board of Elections and Registration, the appointees of political parties currently serving on the Board shall complete their terms before the new procedure for appointment and removal goes into effect; however, any vacancies created before the expiration of any current terms shall be filled by the new procedure. SECTION 5. Members shall be eligible to succeed themselves according to rules of succession established by either an ordinance or resolution of the Columbus Council, and a member shall be subject to removal for cause, after notice and hearing, by the Columbus Council and under applicable rules of general law for the removal of registrars. SECTION 2 . Said Act is further amended by striking Section 9 and inserting in its place a new Section 9 to read as follows:

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SECTION 9. The executive director shall report directly to and be supervised by the Board and shall supervise employees who constitute the staff of the Muscogee County Board of Elections and Registration and said employees, in the event of dismissals or other disciplinary action, shall have the right to appeal to the Columbus Personnel Review Board. SECTION 3 . Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: SECTION 10. No elected official, no employee of any elected official, and no appointed official or person otherwise employed by the Consolidated Government shall serve as a member of the Muscogee County Board of Elections and Registration or as its executive director or as a member of the staff hired by the executive director to perform the duties required of said board. SECTION 4 . This Act shall become effective on April 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the board of elections and registration for Muscogee County, approved April 4, 1991 (Ga. L. 1991, p. 4160); and for other purposes. This 30th day of January, 1995. THOMAS B. BUCK, III Representative Thomas B. Buck III 135th 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 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Columbus Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: January 30, 1995. /s/ Thomas B. Buck III Representative, 135th District Sworn to and subscribed before me, this 7th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CLAYTON COUNTY SUPERIOR COURT; DEPUTY CLERK; COMPENSATION; BENEFITS. No. 123 (Senate Bill No. 259). AN ACT To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4623), so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4623), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows: SECTION 1A. (a) There is created an office in Clayton County to be known as deputy clerk of the superior court, and the clerk of the Superior Court of Clayton County is authorized to appoint the deputy clerk of the superior court. The deputy clerk of the superior court shall serve at the pleasure of the clerk of the superior court and may be removed from office by the clerk of superior court. The deputy clerk of the superior court shall have the same authority granted to clerks of superior courts by the laws of this state when acting on behalf and at the direction of the clerk of Superior

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Court of Clayton County. The qualifications of the deputy clerk of the superior court shall be the same as those prescribed for the clerk of the superior court, and he or she shall be required to take the same oath of office as the clerk of the superior court after appointment and before assuming the duties of office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the superior court shall have all benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. (b) The deputy clerk of the superior court shall receive as compensation for services a salary to be fixed in the discretion of the clerk of the superior court in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended; and for other purposes. This 24th day of January, 1995. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 26, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 27th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF MORROW HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 124 (Senate Bill No. 273). AN ACT To amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4470), so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $40,000.00; to provide for applicability; to provide for a referendum and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4470), is amended by striking from subsection (b) of Section 1 the following: $8,000.00 and inserting in lieu thereof the following: $40,000.00, so that when amended, such subsection shall read as follows: (b) Each resident of the City of Morrow is granted an exemption on that person's homestead from all City of Morrow ad valorem taxes for city purposes in the amount of $40,000.00 of the assessed value of that homestead.

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SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Morrow 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 Morrow for approval or rejection. The election superintendent shall conduct that election on June 20, 1995, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Morrow. 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 Morrow ad valorem taxes for city purposes in the amount of $40,000.00 of the assessed value of the homestead for certain residents of that city? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Morrow. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes, approved March 30, 1993 (Ga. L. 1993, p. 4446), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4470). This 23 day of January, 1995. Clayton County Legislative Delegation GEORGIA, FULTON COUNTY

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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: January 25, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 31st day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CLAYTON COUNTY STATE COURT; DEPUTY CLERK; COMPENSATION; BENEFITS. No. 125 (Senate Bill No. 260). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4367), so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4367), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows: SECTION 1A. (a) There is created an office in Clayton County to be known as deputy clerk of the state court, and the clerk of the State Court of Clayton County is authorized to appoint the deputy clerk of the state court. The deputy clerk of the state court shall serve at the pleasure of the clerk of the state court and may be removed from office by the clerk of the state

Page 3912

court. The deputy clerk of the state court shall have the same authority granted to clerks of state courts by the laws of this state when acting on behalf and at the direction of the clerk of the State Court of Clayton County. The qualifications of the deputy clerk of the state court shall be the same as those prescribed for the clerk of the state court, and the deputy clerk of the state court shall be required to take the same oath of office as the clerk of the state court after appointment and before assuming the duties of his or her office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the state court shall have all benefits afforded to Clayton County employees under the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. (b) The deputy clerk of the state court shall receive as compensation for his or her services a salary to be fixed in the discretion of the clerk of the state court in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County. SECTION 2 . This Act shall become effective on July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes. This the 24th day of January, 1995 Clayton County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3913

Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 26, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 27th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CLAYTON COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 126 (Senate Bill No. 261). AN ACT To provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for related matters; to provide for applicability; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) The homestead of each resident of the Clayton County School District who is 65 years of age and older shall be exempt by law from all ad valorem taxes for educational purposes levied for and on behalf of such school system, including taxes to retire bonded indebtedness. As used in this section, the term homestead means a residence and a maximum of five acres of property surrounding such residence. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the tax commissioner of Clayton County stating the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

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(c) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as such provisions now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affidavit as provided in subsection (b) of this section, it shall not be necessary to make application and file the said affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section. (d) The homestead exemption granted by this section shall be in lieu of any other homestead exemption from ad valorem taxes for educational purposes levied for and on behalf of the school system of Clayton County. The homestead exemption granted by this section shall apply to all taxable years beginning on or after January 1, 1997. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Clayton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Clayton County School District for approval or rejection. The election superintendent shall conduct that election in 1996 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which grants an exemption from all ad valorem taxes levied by or on behalf of the Clayton County School District to residents of such district who are 65 years of age and older of the full value of the homestead of such 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.

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The expense of such election shall be borne by Clayton County. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for related matters; to provide for applicability; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. This 24th day of January, 1995 CLAYTON COUNTY LEGISLATIVE DELEGATION GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 26, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 27th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995. CITY OF BYRON CORPORATE LIMITS. No. 127 (Senate Bill No. 248). AN ACT To amend an Act creating a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an

Page 3916

Act approved January 31, 1956 (Ga. L. 1956, p. 2026), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4438), so as to change the corporate limits of the city by the addition of certain territory; 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 Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved January 31, 1956 (Ga. L. 1956, p. 2026), and an Act approved March 19, 1987 (Ga. L. 1987, p. 4438), is amended by adding at the end of Section 2.1 the following: In addition to all other territory included within the corporate limits of the City of Byron, there shall also be included therein the following: PEACH COUNTY TAX PARCEL 52-9 All that tract or parcel of land lying and being in the 5th Land District of Peach County, Georgia, and being located in Land Lot 32 and further identified as Parcel `E' on a plat of survey recorded in the Clerk's Office, Peach Superior Court, in Book 9, Page 23, and reference to said plat is hereby made in aid of the above description. Said property is more particularly described as follows: BEGINNING at the point of intersection Land Lot 31, Land Lot 32, Land Lot 48 and Land Lot 47; proceed thence south 00 degrees 27 minutes 44 seconds east for a distance of 2,857.88 feet to a point; thence south 88 degrees 34 minutes 30 seconds west for a distance of 1,603.36 feet to a point; thence north 02 minutes 00 seconds west for a distance of 2,414.64 feet to a point; thence north 89 degrees 24 minutes 14 seconds east for a distance of 467.7 feet to a point; thence north 02 degrees 18 minutes 00 seconds west for a distance of 467.7 feet to a point; thence north 89 degrees 24 minutes 14 seconds east for a distance of 1,227.87 feet to the point of beginning. There is excepted from this conveyance that certain tract of land conveyed to Watson Trucking Co., Inc. by deed of record in Deed Book 39, Page 233, Clerk's Office, Peach Superior Court, said excepted tract containing 3.00 acres. DUNBAR ROAD/CRANFORD PROP. All that tract or parcel of land lying and being in Land Lot 32, in the Fifth Land District of Peach County, Georgia, which tract of land is more particularly described as follows: COMMENCING at a point on the southerly side of the relocated Dunbar Road where the same is intersected by the easterly line of the right-of-way of Interstate Highway 75; thence in an easterly direction along the southerly side of said road a distance of 467.7 feet; thence angle right in a southerly direction parallel to the east line of the right-of-way of I-75 a distance of 467.7 feet; thence

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angle right in a westerly direction parallel with the southerly side of said road a distance of 467.7 feet to the line of the right-of-way of I-75; thence angle right in a northerly direction along the eastern line of the right-of-way of the said I-75 a distance of 467.7 feet to the point of beginning. Said tract of land contains 5 acres in the form of a square. PEACH COUNTY TAX PARCEL 52-10 All that tract or parcel of land lying and being located in Land Lot 32 of the Fifth Land District of Peach County, Georgia, and being shown as a 3.00 acre parcel on a survey for Watson Trucking Company, Inc., on a plat of survey made by Broxton and Associates, Gary W. Witherington, G.R.L.S. No. 1930, dated August 26, 1977, a copy of said plat being recorded at Plat Book 10, Page 261, Clerk's Office, Superior Court of Peach County, Georgia. PEACH COUNTY TAX PARCEL 52-11 All that tract or parcel of land lying and being in Land Lot 33 of the Fifth Land District of Peach County, Georgia and being known and designated as Parcel `A' containing 31.608 acres, Parcel `B' containing 29.270 acres, Parcel `C' containing 38.635 acres, Parcel `D' containing 73.403 acres, and Parcel `E' containing 21.591 acres, all according to a plat of record in Plat Book 11, Page 113, Clerk's Office, Peach County Superior Court. Reference is further made to a plat of record in Plat Book 11, Page 202, for a corrected description of Parcel `E'. Both of the said plats are incorporated herein for all purposes. The property herein described is subject to a 275 foot wide Georgia Power Easement as shown on the above plats. The property herein conveyed is all of the property received by warranty deed of record dated September 6, 1978, and of record in Deed Book 44, Page 803-809, said Clerk's Office and by further corrective deeds relating to Parcel `E' recorded in Deed Book 47, Page 773-783, said Clerk's Office. PEACH COUNTY TAX PARCEL 53-13 All that tract or parcel of land situate lying and being in Land Lot 35 of the 5th Land District of Peach County, Georgia, and being more particularly described as follows: BEGINNING on the dividing line between land of Lena Adair Kay, et al and lands of the Grantor herein, said dividing line also being the dividing line between Land Lots 34 and 35 at a point 880.50 feet as measured south 85 degrees 22 minutes west along said dividing line from an iron pin corner common to lands of Lena Adair Kay, et al, lands of Bass Vinson, lands of Henderson Robinson, et al and lands of the Grantor herein, said corner also being common to Land Lots 34, 35, 44 and 45; thence from said point of beginning south 58 degrees 36 minutes east a distance of 1,079.84 feet to

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the easterly line of Land Lot 35 and lands of Henderson Robinson, et al; thence south 04 degrees 38 minutes along the dividing line between lands of Henderson Robinson, et al and lands of the Grantor herein, said dividing line also being the dividing line between Land Lots 35 and 44, a distance of 417.35 feet to the southwesterly right-of-way heretofore acquired on its Yates-Bonaire and Goat Rock-Bonaire Transmission Lines; thence north 58 degrees 36 minutes west along said existing southwesterly right-of-way line a distance of 1,711.56 feet to a point; thence north 58 degrees 34 minutes west along said existing southwesterly right-of-way line a distance of 12.77 feet to the easterly right-of-way line of Interstate Highway 75; thence north 05 degrees 42 minutes west along said easterly right-of-way line a distance of 38.22 feet to the northerly line of Land Lot 35 and lands of Lena Adair Kay, et al; thence north 85 degrees 22 minutes east along the dividing line between lands of Lena Adair Kay, et al and lands of the Grantor herein, said dividing line also being the dividing line between Land Lots 34 and 35 a distance of 521.86 feet to the point of beginning. It is hereby understood and agreed the above described strip of land includes and embraces an existing 212.5 foot right-of-way heretofore acquired by the Company on its Yates-Bonaire and Goat Rock-Bonaire Transmission Lines by easements which are recorded in the Office of the Clerk of Superior Court of Peach County, Georgia. The above described strip of land is a portion of those lands described in Deed dated July 25, 1950, from Ira C. Clark to Billy Walter and recorded in Deed Book Z, Page 89 in the Office of the Clerk of Superior Court of Peach County, Georgia. PEACH COUNTY TAX PARCEL 53-14 All that tract or parcel of land lying, being and situate in the northeast quarter of Land Lot 35 of the 5th Land District of Peach County, Georgia and being a 45 acre, more or less, tract of land and being a portion of the property conveyed to Billy Walter by Ira C. Clark by Warranty Deed dated 25, July, 1950 and recorded in Book Z, Page 89, Clerk's Office Peach Superior Court. Said tract is further described as follows: Beginning at the common intersection of Land Lots 34, 35, 45, and 44, proceed thence south 01 degree east a distance of 1,487.5 feet along the property line of that herein conveyed and that of Sarah J. and Henderson Robinson to a point; proceed thence south 89 degrees west a distance of 1,390 feet, more or less to a point on the easterly right-of-way boundary of Interstate Highway 75; proceed thence in a northerly direction along the easterly boundary of said Interstate Highway No. 75 a distance of 1,487.5 feet to a point; proceed thence north 89 degrees east along the property line of property now or formerly that of Doctor J.B. Kay a distance of 1,450 feet, more or less to the point of BEGINNING. There is excepted from the above tract that certain parcel of land containing 2.41 acres as shown on a plat of survey thereof made by

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Rhodes Sewell, Houston County Surveyor and dated May 25, 1937 and recorded in Book 2, Page 95, Clerk's Office Peach Superior Court, said 2.41 acre tract having been excepted from the original conveyance to Billy Walter. The north, east, and south boundaries of the property herein conveyed are also shown on the plat referred to above. This conveyance is made subject to existing easements for electric power transmission, distribution and supply lines, said easement being of record in the Clerk's Office Peach Superior Court. PEACH COUNTY TAX PARCEL 53-15 All that tract or parcel of land situate lying and being in Land Lot 35 of the Fifth Land District of Peach County, Georgia, being known and designated as the southern most one-third of Parcel `A', containing 26.457 acres as shown on a plat of survey for Naomi W. Davidson Estate, prepared by Thomas W. Futral, dated October 1, 1985 and recorded in Plat Book 14, Page 6, Clerk's Office, Peach Superior Court. Said plat and the recorded copy thereof are incorporated herein by reference for all purposes. PEACH COUNTY TAX PARCEL 53-15a All that tract or parcel of land situate lying and being in Land Lot 35 of the Fifth Land District of Peach County, Georgia, being known and designated as Parcel `B' containing 19.077 acres of land according to a plat of survey for Naomi W. Davidson Estate prepared by Thomas W. Futral, III., Registered Surveyor No. 1202 on October 1, 1985, of record in Map Book 14, Page 6, Clerk's Office, Peach Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. PEACH COUNTY TAX PARCEL 53-15e All that tract or parcel of land situate lying and being in Land Lot 35 of the Fifth Land District of Peach County, Georgia, being known and designated as Parcel `A-2' containing 17.64 acres according to a survey prepared by Story Surveying Company, Inc., dated October 26, 1989 and recorded in Plat Book 16, Page 165, Clerk's Office, Peach Superior Court. Said plat and the recorded copy thereof are hereby made a part of this description by reference thereto for all purposes. PEACH COUNTY TAX PARCEL 53-16 All that tract or parcel of land lying and being in Land Lot 36, Fifth Land District of Peach County, Georgia, containing 45.3 acres, as fully shown on a plat of survey prepared by Waddle Surveying Company, dated October 22, 1965, as the property of Carl L. Beard, et. al., which has been duly recorded in Map Book 6, Page 244, Clerk's Office, Peach Superior

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Court, which is more particularly described as follows: BEGINNING at a point where Land Lots 36, 43, 44 and 35 corner, said point being clearly designated by an iron pipe set, and from said point extend south 00 degrees 11 minutes west for a distance of 1,265 feet to a point; thence extend south 55 degrees 56 minutes west for a distance of 375.1 feet to a point; thence extend north 34 degrees 04 minutes east for a distance of 25 feet to a point; thence extend south 55 degrees 56 minutes west for a distance of 200.5 feet to a point; thence extend south 55 degrees 11 minutes west for a distance of 301.5 feet to a point; thence extend south 54. degrees 27 minutes west a distance of 249.35 feet to a point; thence extend north 69 degrees 52 minutes 30 seconds west for a distance of 125.65 feet to a point; thence extend north 12 degrees 13 minutes 30 seconds west for a distance of 919.1 feet to a point; thence extend north 02 degrees 13 minutes west for a distance of 926.3 feet to a point; thence extend north 89 degrees 16 minutes 30 seconds east for a distance of 1,294.3 feet to the point of beginning. The above described plat and the recorded copy thereof are hereby incorporated herein to and made a part of this description by reference thereto. The above described property is bounded on the south by the right-of-way of the Centerville-Powersville Road, on the west by the easterly right-of-way of Interstate No. 75, on the north by the land lot lines dividing Land Lots 35 and 36, and on the east by the land lot lines dividing Land Lots 36 and 43. EXPRESSLY EXCLUDED from the above description is that portion of property previously released to Mobil Oil Corporation. PEACH COUNTY TAX PARCEL 53-17 All that tract or parcel of land situate lying and being in Land Lot 36 of the 5th Land District, Peach County, Georgia, and being more particularly described as follows: COMMENCING at the point where the center line of Centerville-Powersville Road intersects the center line of Interstate Highway 75 and run thence north 56 degrees 36 minutes 30 seconds east along the center line of Centerville-Powersville Road a distance of 571.5 feet to a point on the center line of Centerville-Powersville Road; thence north 33 degrees 23 minutes 30 seconds west a distance of 65 feet to a concrete right-of-way monument on the northerly right-of-way line of Centerville-Powersville Road, which concrete right-of-way monument is the point of beginning of the property herein described, and from said point of beginning running thence north 60 degrees 27 minutes 30 seconds west along a line which forms an interior angle of 117 degrees 04 minutes with the northerly right-of-way line of Centerville-Powersville Road a distance of 104.29 feet to a concrete right-of-way monument; thence north 12 degrees 13 minutes 30 seconds west along a line which forms an interior angle of 131 degrees 46

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minutes with the line last run and along the easterly right-of-way line of the I-75 Frontage Road a distance of 100.41 feet to an iron pin; thence north 56 degrees 36 minutes 30 seconds east along a line which forms an interior angle of 111 degrees 10 minutes with the line last run a distance of 225.24 feet to an iron pin; thence south 29 degrees 05 minutes 17 seconds east along a line which forms an interior angle of 85 degrees 41 minutes 47 seconds with the line last run a distance of 187.03 feet to an iron pin on the northerly line of the right-of-way of the Centerville-Powersville Road; thence south 56 degrees 36 minutes 30 seconds west along a line which forms an interior angle of 94 degrees 18 minutes 13 seconds with the line last run and along the northerly line of the Centerville-Powersville Road a distance of 200 feet to the point of beginning. Subject to all covenants, restrictions and easements of record. ALSO an easement area for the erection and maintenance of a high-rise sign to be located east of and adjacent to the right-of-way of Interstate Highway 75 together with a 5 foot wide ingress and egress easement adjacent to I-75, said high-rise sign area and 5 foot ingress and egress easement being more particularly described as follows: COMMENCING at the concrete right-of-way monument, which is the point of beginning if the above described property, and run thence north 60 degrees 27 minutes 30 seconds west a distance of 104.29 feet to a concrete right-of-way monument; thence north 12 degrees 13 minutes 30 seconds west along the easterly line of the right-of-way of the I-75 Frontage Road a distance of 100.41 feet to an iron pin which is the point of beginning of the 5 foot ingress and egress easement; continuing thence north 12 degrees 13 minutes 30 seconds west along the easterly line of the right-of-way of the I-75 Frontage Road a distance of 804.59 feet to a point which is the northwestern most point of the high-rise sign easement area; thence north 77 degrees 46 minutes 30 seconds east a distance of 30 feet to a point which is the northeastern most corner of the high-rise sign easement area; thence south 12 degrees 13 minutes 30 seconds east a distance of 30 feet to a point which is the southeastern most corner of the high-rise sign easement area; thence south 77 degrees 46 minutes 30 seconds west a distance of 25 feet to a point; thence south 12 degrees 13 minutes 30 seconds east a distance of 772.65 feet to a point; thence south 56 degrees 36 minutes 30 seconds west a distance of 5.36 feet to the point of beginning. All of the above property being shown on a plat of survey for Mobile Oil Corporation by Thomas M. Patton, Registered Land Surveyor, dated August 9, 1970, last revised February 5, 1971, recorded in Plat Book 9, Page 36, Clerk's Office, Superior Court, Peach County, Georgia, which said recorded plat is hereby referred to for a more complete description of said properties and for all other purposes. Being the same property conveyed by Warranty Deed from Lawrence A. Whitesides, Chester A. Williams and George E. Coult to Mobile Oil

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Corporation, dated March 3, 1971, filed for record April 14, 1971, recorded in Deed Book 6, Page 193, in the Office of the Clerk of the Superior Court of Peach County, Georgia. PEACH COUNTY TAX PARCEL 60-4 All that tract or parcel of land lying and being in Land Lot 46 of the Fifth Land District of Peach County, Georgia, being known and designated as Parcel B and Parcel A, according to that plat of record in Plat Book 9, Page 105, Clerk's Office, Peach Superior Court, said plat being incorporated herein for all purposes. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation State of Georgia, County of Peach Notice is given that there will be introduced at the regular 1995 Session of the General Assembly a bill to amend an Act creating a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended and for other purposes. This 23rd day of January, 1995. George Hooks State Senator 14th Senatorial District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Hooks, who, on oath, deposes and says that he is Senator from the 14th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune, which is the official organ of Peach County, on the following date: January 25, 1995. /s/ George Hooks Senator, 14th District Sworn to and subscribed before me, this 30th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 27, 1995.

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JONES COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 128 (House Bill No. 1037). AN ACT To create a board of elections and registration for Jones County; to provide for definitions related thereto; to provide for its powers and duties; to provide for the appointment and terms of its members; to provide for qualifications of its members; to provide for the filling of vacancies; to provide for its employees; to provide for the compensation of its members and its employees; to provide for its organization, meetings, and procedures; to provide for the selection of its chairperson; to provide for facilities, equipment, and supplies; to provide for contracts with certain municipalities; to transfer duties and powers; to abolish the board of registrars; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) Pursuant to the authorization of Code Section 21-2-40, of the O.C.G.A., there is created the Jones County Board of Elections and Registration. (b) For the purposes of this Act, the terms election, elector, political party, primary, public office, special election, and special primary shall have the meanings ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act; the term board means the board of elections and registration created by subsection (a) of this section; the term county means Jones County; and the term superior court means the Superior Court of Jones County. SECTION 2 . The board shall be composed of three members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section. One member of the board shall be appointed by the political party which received the highest number of votes within the county for its candidate for governor in the general election immediately preceding the appointment of the member. One member of the board shall be appointed by the political party which received the second highest number of votes within the county for its candidate for governor in the general election immediately preceding the appointment of such member. Each of these two respective members appointed by political parties shall be nominated by the chairperson and ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a

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vacancy in the office. The remaining member of the board shall be selected by the Board of Commissioners of Jones County and shall be the chairperson of the board. In making the initial appointments to the board, the members shall be selected at least 30 days prior to January 1, 1996. Initial members and their successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The term of each initial member shall commence on January 1, 1996. 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 Board of Commissioners of Jones County shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. SECTION 5 . Each member of the board shall be eligible to serve successive terms, shall have the right to resign at any time by giving written notice of such resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board by the appointing body at any time, for cause, after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. SECTION 6 . In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2 of this Act. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. SECTION 7 . Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

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SECTION 8 . (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than six times per year. Any specially called meeting shall be called by the chairperson or any two members. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. SECTION 9 . The board shall have the authority to contract with any municipality located within Jones County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 10 . Compensation for the members of the board, clerical assistants, and other employees shall be fixed by the Board of Commissioners of Jones County. Such compensation shall be paid wholly from county funds. SECTION 11 . The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. SECTION 12 . The Board of Commissioners of Jones County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the Board of Commissioners of Jones County shall deem appropriate. SECTION 13 . This Act shall become effective on July 1, 1995. On January 1, 1996, the superintendent of elections and the board of registrars shall be relieved of

Page 3926

all powers and duties to which the board of elections and registration succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. At such time, the Board of Registrars of Jones County shall stand abolished. All elections conducted during 1995 shall be conducted by the superintendent of elections and the board of registrars. SECTION 14 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Legislation Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to create a Board of Elections and Registration for Jones County; to empower such board with the powers and duties of the election superintendent relating to the conduct of elections and primaries and with the powers of the board of registrars relating to the registration of voters and related matters; to repeal conflicting laws; and for other purposes. This 13th day of February, 1995. Honorable Kenneth W. Birdsong Representative, 123rd District Honorable Curtis Jenkins Representative, 101st 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 110th 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 16, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995.

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WHITFIELD COUNTY BOARD OF COMMISSIONERS; TERMS; REFERENDUM. No. 129 (Senate Bill No. 371). AN ACT To amend an Act creating the Board of Commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, so as to provide for staggered terms of office for members of the board of commissioners; to provide for initial and regular terms of office; to provide for a referendum; to provide for submissions and the automatic 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: SECTION 1 . An Act creating the Board of Commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, is amended by striking subsections (b) and (c) of Section 2 of said Act and inserting in lieu thereof a new subsection (b) to read as follows: (b) At the November general election in 1996, a chairperson and four other members of the board of commissioners shall be elected. The chairperson and the members residing in Commissioner District No. 2 and Commissioner District No. 4 shall take office on the first day of January, 1997, for an initial term of office of four years and until their respective successors are elected and qualified. The members residing in Commissioner District No. 1 and Commissioner District No. 3 shall take office on the first day of January, 1997, for an initial term of office of two years and until their respective successors are elected and qualified. A successor to each member shall be elected in the November general election immediately preceding the expiration of such member's term of office and the person so elected shall take office on the first day of January immediately following such person's election for a term of four years and until such member's successor is elected and qualified. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Whitfield County for approval or rejection. The election superintendent shall conduct that election on the date of the presidential preference primary in 1996, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield

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County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides that the members of the Board of Commissioners of Whitfield County shall be elected for staggered terms of office? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on January 1, 1997, and shall apply to all terms of office beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Whitfield County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . It shall be the duty of the Board of Commissioners of Whitfield County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4 . The provisions of Sections 2 and 3 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. The remaining provisions shall become effective when approved in the referendum as provided for in Section 2 of this Act. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Whitfield County, approved February 21, 1964 (GA. L. 1964, p. 2175), as amended; and for other purposes. This 1st day of February, 1995. Steve Farrow J.L. Black GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Farrow, who, on oath, deposes and says that he is Senator from the 54th District, and that the attached copy of

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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 3, 1995. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 9th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. ROCKDALE COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 132 (Senate Bill No. 364). AN ACT To create the Board of Elections and Registration of Rockdale County; to provide for the powers and duties of the board; to provide for the appointment, election, qualifications, terms, oaths, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide for an administrative officer, clerical assistants, and other employees; to provide compensation for administrative personnel; 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 . Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Rockdale County. The board shall have the powers and duties of the former Rockdale County Board of Registrations and Elections created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, relating to the conduct of primaries and elections and relating to the registration of voters and absentee balloting procedures. SECTION 2 . The initial members of the board, who shall take office on July 1, 1995, shall be: (1) Except as provided in paragraph (2) of this subsection, those persons who were serving on June 29, 1992, as members of the board

Page 3930

of registrations and elections which was created in and for counties having a population of not less than 18,150 and not more than 18,250 according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended; or (2) If one or more persons have been appointed to fill a vacancy in such office or as successor to a member serving on June 29, 1992, the last person appointed to fill a vacancy in office or as a successor to a member serving on June 29, 1992, shall replace the predecessor member serving on June 29, 1992, as an initial member of the board created by this Act. SECTION 3 . Each subsequent board shall be composed of three members, each of whom shall be an elector and a resident of the county and who shall be selected in the following manner: (1) One member shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly; and one member shall be appointed by the chairperson of the county executive committee of the political party whose candidates received the next largest number of votes at such election; provided, however, each of the appointments shall have been ratified by a majority of the members of each of the respective executive committees voting at a regularly scheduled meeting of the executive committee or a meeting duly called and held for such purposes. In the event the appointments are not ratified by a majority of the members of the executive committees at least 45 days preceding the date on which such members are to take office, then the members of the respective executive committees may elect a member by a two-thirds' majority of the membership of the executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 5 of this Act. (2) The two members appointed pursuant to paragraph (1) of this section shall within 30 days, after both such members take office, appoint a third member. The third member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of Section 5 of this Act.

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SECTION 4 . (a) The appointment or election of each member appointed or elected by political parties shall be made by the respective appointing or electing authority. Said appointing or electing authority shall file an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. (b) The appointment of the member at large shall be made by the other members of the board. Said members of the board shall file an affidavit with the clerk of the superior court, no later than 15 days preceding the date on which such member is to take office, which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. (c) The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members, as provided by law for registrars. SECTION 5 . In the event any appointing or electing authority fails: (1) To make a regular appointment within the times specified in Section 4 or Section 5; or (2) To make an interim appointment to fill a vacancy within 60 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the county governing authority. This section shall not apply to the selection process of the member at large. SECTION 6 . Each appointed member of the board shall: (1) Serve for a term of two years and until his or her successor is appointed and qualified, except in the event of resignation or removal as provided in this Act; (2) Be eligible to succeed himself or herself and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars.

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SECTION 7 . In the event a vacancy occurs in the office of any member before the expiration of such member's term by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. SECTION 8 . No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such office; and the position of membership of any member shall be deemed vacant upon such member's qualifying as a candidate for said elective public office. The elections superintendent of Rockdale County shall not be eligible to serve as a member of the board. SECTION 9 . (a) (1) The initial members of the board shall take office on July 1, 1995. (2) The board shall take no official action until all members have been certified to the clerk of the superior court. (3) The terms of office of each of the three members of the initial board shall expire on June 30, 1997. (b) (1) Subsequent boards shall be composed of members who shall be appointed for terms of office of two years and until their successors are appointed and qualified in accordance with the provisions of Section 3 of this Act. The members of each subsequent board shall take office on the first day of July following their appointment. (2) The board shall take no official action until all members have been certified to the clerk of the superior court. (c) The members of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 10 . (a) The board shall: (1) With regard to the preparation for and conduct of primaries and elections, succeed to and exercise all duties and powers granted to election superintendents by Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto; and

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(2) With regard to the registration of electors, succeed to and exercise all powers, duties, and responsibilities granted to boards of registrars under Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, as now or hereafter amended, or any other provision of law. (b) The board of registrations and elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election to be conducted within the municipality. SECTION 11 . Any rule or regulation promulgated by a county executive committee of Rockdale County under the provisions of subsection (c) of Code Section 21-2-111 of the O.C.G.A., relating to the conduct of conventions and other party affairs, as now or hereafter amended, shall be null and void if in conflict with a valid rule or regulation of the board of registrations and elections. SECTION 12 . Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. SECTION 13 . With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct adequately electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern. SECTION 14 . (a) The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board. SECTION 15 . (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its

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jurisdiction. The board shall hold regular monthly meetings at a place designated by the governing authority of Rockdale County. Any specially called meeting held pursuant to the bylaws adopted by the board shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. SECTION 16 . The board shall be responsible for the selection and appointment of the administrative director to administer and supervise the conduct of elections, primaries, and registration of electors for the county. The board shall act within 60 days of any resignation or removal of the administrative director to hire a new administrative director from a job description developed by the board. Compensation shall be determined in accordance with the salary schedule for department heads established by the governing authority of the county. Compensation for the administrative director shall be paid by the governing authority wholly from county funds. SECTION 17 . The governing authority of the county shall expend public funds to provide the board with such proper and suitable administrative offices and with such clerical assistants and other employees, approved by the board, as the governing authority shall deem appropriate. Compensation for such administrative personnel shall be paid by the governing authority wholly from county funds. SECTION 18 . In the event the board fails to appoint or retain an administrative director to fill a vacancy within the time specified in Section 16 of this Act, an acting administrative director who shall fill temporarily such vacancy shall be appointed forthwith by the county governing authority to serve until the board fills the vacancy as provided in this Act. SECTION 19 . The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practical, from lists provided by the county executive committees of the two political parties appointing or electing members to the board of registrations and elections. SECTION 20 . Compensation for the members of the board shall be $50.00 per month.

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SECTION 21 . 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., relating to definitions, as now or hereafter amended, unless otherwise clearly apparent from the text of this Act. SECTION 22 . Upon the effective date of this Act, the Rockdale County Board of Registrations and Election created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, shall be relieved from all powers and duties to which the Board of Elections and Registration of Rockdale County succeeds by the provisions of this Act and shall deliver thereafter to the board, upon written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. SECTION 23 . This Act shall become effective on July 1, 1995, except that for the purpose of making appointments to the board, it shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 24 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regulasr 1995 session of the General Assembly of Georgia a bill to create the Board of Elections and Registration of Rockdale County; to provide for matters related thereto; and for other purposes. This 4 day of January, 1995. Mike Crotts Senator Mike Crotts District 17
Page 3936

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who, on oath, deposes and says that he is Senator from the 17th 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 10, 1995. /s/ Mike Crotts Senator, 17th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. CLAYTON COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 133 (Senate Bill No. 357). AN ACT To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4562), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4562), is amended by striking from Section 1 the following: $2,400.00, and substituting in lieu thereof the following:

Page 3937

$7,500.00, so that when so amended Section 1 reads as follows: SECTION 1. The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, including compensation earned as custodian of vital records or any source for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $66,250.00 per annum payable monthly out of the funds of Clayton County. In addition, said judge shall receive a salary supplement of $7,500.00 per annum payable in equal monthly installments from county funds for service as election superintendent as provided for in Code Section 15-9-64 of the O.C.G.A. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended; and for other purposes. This 6th day of February, 1995. CLAYTON COUNTY LEGISLATIVE DELEGATION GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3938

Clayton News/Daily, which is the official organ of Clayton County, on the following date: February 8, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 14th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. PIKE COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 134 (House Bill No. 1010). AN ACT To amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, approved March 2, 1966 (G. L. 1966, p. 2821), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4345), so as to change the compensation of the chairman and members of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, approved March 2, 1966 (G. L. 1966, p. 2821), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4345), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: SECTION 1. The salaries of the members of the Board of Commissioners of Pike County, except the chairman, shall be $450.00 monthly and an expense allowance of $150.00 monthly, payable in equal monthly installments from county funds. The chairman shall receive a salary of $500.00 monthly and an expense allowance of $150.00 monthly, payable in equal monthly installments from county funds. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 3939

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that local legislation will be introduced by Representative Robert M. Crawford in the 1995 Session of the General Assembly of Georgia for the purpose of increasing compensation of the Board of Commissioners; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 10th day of February, 1995. Robert M. Crawford Representative 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal and Reporter, which is the official organ of Pike County, on the following date: February 15, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. CLAYTON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 135 (Senate Bill No. 358). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4640), so as to change the compensation of the members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3940

SECTION 1 . An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4640), is amended by striking from subsection (b) of Section 7 the following: $10,020.00, and substituting in lieu thereof the following: $11,220.00, so that when so amended subsection (b) shall read as follows: (b) Four members of the board other than the chairperson shall be compensated in the amount of $11,220.00 per annum to be paid in equal monthly installments. Each of the other members of the board shall also receive an annual expense allowance of $3,000.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County. 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 1995 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, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4616), so as to change the compensation of the members of said board; and for other purposes. This 6th day of February, 1995. CLAYTON COUNTY LEGISLATIVE DELEGATION GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3941

Clayton News/Daily, which is the official organ of Clayton County, on the following date: February 8, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 14th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. PIERCE COUNTY BOARD OF EDUCATION; DISTRICTS. No. 136 (House Bill No. 1020). AN ACT To amend an Act providing for the composition and selection of the board of education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4299), so as to change the descriptions of the education districts of the board; to provide for related matters; to provide for the submission of this Act to the United States Attorney General; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the composition and selection of the board of education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4299), is amended by striking in their entirety subsections (a) and (d) of Section 1 and inserting in lieu thereof the following: (a) The board of education of Pierce County shall be composed of five members to be elected as provided in this section. For the purposes of electing members of the board, Pierce County shall be divided into four education districts as follows: Education District: 1 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603.

Page 3942

Block(s): 121, 122, 128, 129, 130, 131, 132, 155, 163B, 164A, 164B, 165, 167, 168, 169, 170B, 171, 172B, 173B, 233, 234, 235, 247, 248, 249, 250, 252, 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, 306, 307, 308, 309, 310A, 310B, 311, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 318C, 319, 320, 321, 322, 323, 324, 325, 326, 327, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 354A, 354B, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 401A, 401B, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 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, 467A, 467B, 468A, 468B, 468C, 469, 470, 471, 472, 473, 474 Education District: 2 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603. Block(s): 162, 163A, 170A, 172A, 173A, 304, 305, 328, 329 VTD: 0002 BLACKSHEAR (Part) Tract: 9603. Block(s): 108, 110A, 110B, 134, 135, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 166A, 166B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 301, 302, 303 Tract: 9604. Block(s): 201A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321A, 321B, 322, 323, 324, 325, 326, 327, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 414, 415, 416, 417,

Page 3943

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, 476, 477, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497A, 497B, 497C VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604. Block(s): 483, 485 Education District: 3 PIERCE COUNTY VTD: 0002 BLACKSHEAR (Part) Tract: 9601. Block(s): 195 Tract: 9602. Block(s): 264, 265, 272, 273, 274, 275, 279, 280 Tract: 9603. Block(s): 106, 107, 109, 111, 113 Tract: 9604. Block(s): 108, 109, 110, 111, 112 VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604. Block(s): 201B, 201C, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237A, 237B, 237C, 237D, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 478, 479, 480, 481, 482 VTD: 0004 OTTER CREEK 3B Education District: 4 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603. Block(s): 240, 241, 242, 243, 244, 245, 246, 251, 253, 254

Page 3944

VTD: 0002 BLACKSHEAR (Part) Tract: 9603. Block(s): 101, 102, 103, 104, 105, 112, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 126, 127, 133 VTD: 0005 PATTERSON 4A (Part) Tract: 9601. 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, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 147A, 147B, 148A, 148B, 149, 150A, 150B, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 164, 165, 166, 167, 168, 169, 170, 177, 178, 179, 181A, 181B, 182, 183, 184, 185, 186, 187A, 187B, 188, 189, 190, 191, 194, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218B, 219, 220, 221, 222, 223, 224, 256, 258, 259, 260 Tract: 9602. Block(s): 124, 125, 126, 127, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 166, 167, 169, 170, 171, 178, 179, 180, 181, 182, 183, 184, 185, 212, 213, 214, 220, 221, 223, 224, 225, 226, 228, 266, 267, 268, 269, 270, 271 VTD: 0006 MERSHON 4B VTD: 0007 SUNSET-SWEAT 4C (d) Education Districts 1, 2, 3, and 4 as they existed on January 1, 1995, shall continue to be designated as Education Districts 1, 2, 3, and 4, respectively, but as newly described under this section, and on and after the date this subsection becomes effective in 1995, 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 . It shall be the duty of the board of education of Pierce County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed.

Page 3945

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act providing for the composition and selection of the board of education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4849), as amended; and for other purposes. This 28th day of February, 1995. Representative Tommy Smith 169th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 169th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blackshear Times, which is the official organ of Pierce County, on the following date: March 1, 1995. /s/ Tommy Smith Representative, 169th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. PIKE COUNTY BOARD OF EDUCATION; COMPENSATION. No. 137 (House Bill No. 1011). AN ACT To amend an Act providing for the election of members of the board of education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, so as to change the compensation of the members of such 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 of the board of education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended,

Page 3946

is amended by inserting a new section to be designated Section 10 to read as follows: SECTION 10. Compensation for the chairperson and members of the board shall be $100.00 per diem for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, provided that the maximum per diem during any one month shall be $300.00, plus reimbursement for actual expenses necessarily incurred in connection with their official duties. The accounts for such expenses shall be submitted for approval to the local school superintendent. 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 local legislation will be introduced by Robert M. Crawford in the 1995 Session of the General Assembly of the State of Georgia for the purpose of increasing the perdiem compensation allowed for members of the Pike County Board of Education; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This the 23rd day of February 1995. Robert M. Crawford Representative 129th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3947

published in the Pike County Journal and Reporter, which is the official organ of Pike County, on the following date: March 1, 1995. /s/ Robert M. Crawford Representative, 129th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. HARRIS COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 138 (Senate Bill No. 391). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County and the judge of the Magistrate Court of Harris County; to provide for terms of office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . At the state-wide primary and November general election conducted in 1996 and every four years thereafter, the judge of the Probate Court of Harris County shall be nominated and elected by the qualified voters of Harris County in a nonpartisan primary and election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. SECTION 2 . At the state-wide primary and November general election conducted in 1996 and every four years thereafter, the judge of the Magistrate Court of Harris County shall be nominated and elected by the qualified voters of Harris County in a nonpartisan primary and election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures

Page 3948

for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that at the request of the Board of Commissioners of Harris County, there will be introduced at the regular 1995 session of the General Assembly of Georgia, a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County and the chief judge of the Magistrate Court of Harris County; and for other purposes. This the 14th day of February, 1995. Clay D. Land, Senator, 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clay Land, who, on oath, deposes and says that he is Senator from the 16th 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 16, 1995. /s/ Clay Land Senator, 16th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. CITY OF HAZLEHURST MAYOR; DUTIES; HOURS; COMPENSATION. No. 139 (House Bill No. 1031). AN ACT To amend an Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as

Page 3949

amended, so as to provide for a change of duties, work hours, and compensation of the mayor of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, is amended by striking paragraph (p) of Section 4 thereof, which reads as follows: (p) The commissioners, in their sole discretion, may name a city manager, who will be the chief administrative officer and the head of the administrative branch of the city government. He shall be elected on the basis of his executive and administrative qualifications, and need not be a resident of the City of Hazlehurst when appointed, but after such election and during his tenure of office shall reside within the city., and inserting in its place the following: (p) The commissioners, in their sole discretion, may name a city manager, who will be the chief administrative officer and the head of the administrative branch of the city government. He or she shall be selected on the basis of his or her executive and administrative qualifications and need not be a resident of the City of Hazlehurst when appointed, but after such selection and during his or her tenure of office shall reside within the city. If the commissioners so name a city manager to be the chief administrative officer and head of the administrative branch of the city government, the mayor shall no longer exercise those administrative powers and the mayor shall then perform mayoral duties no more than 20 hours per week and receive an annual compensation of $12,000.00 to be paid in equal monthly installments from city funds. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act to amend, consolidate and supersede the charter of the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1995. Honorable Roger Byrd Representative, 170th District
Page 3950

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, who, on oath, deposes and says that he is Representative from the 170th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis Ledger, which is the official organ of Jeff Davis County, on the following date: January 25, 1995. /s/ Roger C. Byrd Representative, 170th District Sworn to and subscribed before me, this 9th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. CITY OF CARTERSVILLE HOMESTEAD EXEMPTIONS; SCHOOL DISTRICT TAXES; REFERENDUM. No. 140 (Senate Bill No. 398). AN ACT To provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for each resident of the city who is 65 years of age or older or totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to amend an Act providing that each resident of the City of Cartersville who is 62 years of age or older or totally disabled, and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all City of Cartersville ad valorem taxes for the City of Cartersville except those levied to pay interest on and retire bond indebtedness, taxes in the amount of $20,000.00 of such person's homestead owned and occupied by such person as a residence, approved March 31, 1989 (Ga. L. 1989, p. 4746), so as to repeal such exemption and replace it with exemptions for the 1996 and 1997 taxable years only which provide that each resident of the City of Cartersville who is 63 years of age or older on January 1, 1996, for the 1996 taxable year or 64 years of age or older on January 1, 1997, for the 1997 taxable year, and who does not have an income from all sources, including the income of all members of the family residing within said homestead,

Page 3951

exceeding $18,000.00 per annum for the immediately preceding calendar year is granted an exemption on that person's homestead from all ad valorem taxation for educational purposes levied for and on behalf of such school system, including taxes to retire school bond indebtedness, in the amount of $28,000.00 of the assessed value of that homestead for the 1996 and 1997 taxable years; to repeal such Act approved March 31, 1989 (Ga. L. 1989, p. 4746), and abolish the exemption granted by such Act on December 31, 1997; to provide for a referendum; to provide for effective date; to provide for automatic repeals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . For purposes of this Act, except Sections 7, 8, and 9 of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for education purposes levied by, for, or on behalf of the City of Cartersville, including taxes to pay interest on and retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the Official Code of Georgia Annotated. SECTION 2 . Each resident of the City of Cartersville who is 65 years of age or older or totally disabled on the first day of January of a taxable year is granted an exemption on that person's homestead from all City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of that homestead for that taxable year. SECTION 3 . The city clerk of the City of Cartersville or the designee thereof shall provide application forms for the exemption granted by Sections 1 through 5 of 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. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the city clerk of the City of Cartersville

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or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5 . The exemption granted by Sections 1 through 5 of this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for state, municipal, or county purposes. The homestead exemption granted by Sections 1 through 5 of this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Cartersville ad valorem taxes for educational purposes. SECTION 6 . The exemption granted by Sections 1 through 5 of this Act shall apply to all taxable years beginning on or after January 1, 1996. SECTION 7 . An Act providing that each resident of the City of Cartersville who is 62 years of age or older or totally disabled and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all City of Cartersville taxes on the full value of such person's homestead owned and occupied by such person as a residence, approved March 30, 1989 (Ga. L. 1989, p. 4746), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. Each resident of the City of Cartersville who is 63 years of age or older on January 1, 1996, and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $18,000.00 per annum for the immediately preceding calendar year, is granted as exemption on that person's homestead from all ad valorem taxation for educational purposes levied for and on behalf of such school system, including taxes to retire school bond indebtedness, in the amount of $28,000.00 of the assessed value of that homestead for the taxable year beginning on January 1, 1996, and ending on December 31, 1996. As used in this section, the term 'homestead' means a homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the city clerk of the City of Cartersville or the designee thereof giving his or her age, the amount of income which such owner received for the immediately preceding calendar year, the income which the members of the owner's family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the city clerk of

Page 3953

the City of Cartersville or the designee thereof to make a determination as to whether such owner is entitled to said exemption. The city clerk of the City of Cartersville or the designee thereof 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 said property is actually occupied by one or more such owners as a residence, and if one or more such titleholders possess 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 in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in any 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. The exemption provided for in this section shall apply to the taxable year beginning on January 1, 1996, and ending on December 31, 1996. SECTION 8 . An Act providing that such resident of the City of Cartersville who is 62 years of age or older or totally disabled and whose income form all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all City of Cartersville taxes on the full value of such person's homestead owned and occupied by such person as a residence, approved March 30, 1989 (Ga. L. 1989, p. 4746), is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. Each resident of the City of Cartersville who is 64 years of age or older on January 1, 1997, and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $18,000.00 per annum for the immediately preceding calendar year, is granted an exemption on that person's homestead from all ad valorem taxation for educational purposes levied for and on behalf of such school system, including taxes to retire school bond indebtedness, in the amount of $28,000.00 of the assessed value of that homestead for the taxable year beginning on January 1, 1997, and ending on December 31, 1997. As used in this section, the term `homestead' means a homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. No such exemption shall be granted unless an affidavit of the owner of the homestead if filed with the city clerk of the City of Cartersville or the designee thereof giving his or her age, the amount of income which such owner received for the immediately

Page 3954

preceding calendar year, the income which the members of the owner's family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this section as will enable the city clerk or the designee thereof to make a determination as to whether such owner is entitled to said exemption. The city clerk or the designee thereof 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 if one or more such titleholders possess 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 in such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor, or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for in this section and shall claim the exemptions granted by this section in the manner provided in this section. The exemption provided for in this section shall apply to the taxable year beginning on January 1, 1997, and ending on December 31, 1997. SECTION 9 . An Act providing that each resident of the City of Cartersville who is 62 years of age or older or totally disabled and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all City of Cartersville taxes on the full value of such person's homestead owned and occupied by such person as a residence, approved March 31, 1989 (Ga. L. 1989, p. 4746), as amended by Sections 7 and 8 of this Act, is repealed in its entirety and the exemption granted therein is abolished on December 31, 1997, if this Act is approved in the referendum election provided for in Section 10 of this Act. SECTION 10 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Cartersville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Cartersville for approval or rejection. The election superintendent shall conduct that election on the date of the special election to be held the Tuesday following the first Monday in November, 1995, on November 7, 1995, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which: (1) provides a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for the city for certain residents of that district who are 65 years of age or older or totally disabled; (2) amends an Act providing that such resident of the City of Cartersville who is 62 years of age or older or totally disabled and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all City of Cartersville taxes on the full value of such person's homestead owned and occupied by such person as a residence, approved March 30, 1989 (Ga. L. 1989, p. 4746), so as to repeal such exemption and replace it with exemptions for the 1996 and 1997 taxable years only which provide that each resident of the City of Cartersville who is 63 years of age or older on January 1, 1996, for the 1996 taxable year or 64 years of age or older on January 1, 1997, for the 1997 taxable year, and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $18,000.00 per annum for the immediately preceding calendar year is granted an exemption on that person's homestead from all ad valorem taxation for educational purposes levied for and on behalf of the city, including taxes to retire school bond indebtedness, in the amount of $28,000.00 of the assessed value of that homestead for the 1996 and 1997 taxable years; and (3) repeals such Act approved March 30, 1989 (Ga. L. 1989, p. 4746), and abolishes the exemption granted by such Act on December 31, 1997? 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 questions 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, 1996, Section 7 shall become of full force and effect on December 31, 1995, and shall be automatically repealed on December 31, 1996, Section 8 shall become of full force and effect on December 31, 1996, and shall be automatically repealed on December 31, 1997, and Section 9 shall become of full force and effect on December 31, 1997. If Sections 1 through 9 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 9 of this Act shall not

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become effective and all sections of this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Cartersville. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of the City of Cartersville who are 65 years of age or older, to provide for definitions; to specify the terms of and conditions of the exemption and the procedures relating thereto; to provide for applicability; to amend an Act providing that each resident of the City of Cartersville who is 62 years of age or over, or totally disabled, and whose income from all sources, including the income of all family members residing within said homestead, does not exceed $18,000.00 per annum shall be granted an exemption from all City of Cartersville taxes on the full value of such person's homestead owned and occupied by such person as a residence, approved March 30, 1989 (Ga. L. 1989, p.4746), so as to repeal such exemption and replace it with exemptions for the 1996 and 1997 taxable years only which provide that each resident of the City of Cartersville who is 63 years of age or over on January 1, 1996, for the 1996 taxable year, or 64 years of age or over on January 1, 1997 for the 1997 taxable year, and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $18,000.00 per annum for the immediately preceding calendar year, is granted an exemption on that person's homestead from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness, in the amount of $28,000.00 of the assessed value of that homestead for the 1996 and 1997 taxable years; to repeal such Act approved March 30, 1989 (Ga. L. 1989 p. 4746), and to abolish the exemption granted by such Act on December 31, 1997, to provide for a referendum, effective dates, and automatic repeals, to repeal conflicting laws; and for other purposes.

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This 9th day of February, 1995. (s) Alex I. Dent Mayor 2/10/95 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 Daily Tribune News, which is the official organ of Bartow County, on the following date: February 10, 1995. /s/ Nathan Dean Senator, 31st District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. GREENE COUNTY BOARD OF COMMISSIONERS; CHAIRMAN; EXPENSES; MEMBERS; COMPENSATION AND EXPENSES. No. 141 (Senate Bill No. 437). 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 the reimbursement of expenses incurred by the chairman; to provide for compensation of and reimbursement of expenses incurred by the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the board of commissioners of Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, is amended by striking Section 7 and inserting in its place a new Section 7 to read as follows: SECTION 7. (a) (1) The chairman shall be compensated in the amount of $6,000.00 per annum to be paid in equal monthly installments from

Page 3958

the funds of Greene County. Except as provided to the contrary in paragraph (2) of this subsection, such chairman shall not be entitled to any other salary. (2) Notwithstanding the provisions of paragraph (1) of this subsection, 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. (b) In addition to the salary received under subsection (a) of this section, the chairman shall receive a monthly expense allowance of $400.00 for reimbursement of expenses incurred in connection with the performance of the duties of that office. Such allowance shall be payable from the funds of Greene County. (c) Each member of the board other than the chairman shall be compensated in the amount of $1,200.00 per annum to be paid in equal monthly installments from the funds of Greene County. (d) Each member of the board other than the chairman shall receive a monthly expense allowance of $250.00 for reimbursement of expenses incurred in connection with the performance of the duties of that office. Such allowance shall be payable from the funds of Greene County. (e) In addition to the salary and expense allowance provided for under this section, the chairman and each member of the board shall be reimbursed for actual expenses necessarily incurred in connection with traveling outside of Greene County as chairman or member on official business. Except in cases of emergency, such reimbursement must be authorized in advance by a majority of the board. Such reimbursement shall be payable from the funds of Greene 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 1995 session of 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.

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This 14 day of February, 1995. Senator Floyd L. Griffin 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd L. Griffin, Jr., who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal, which is the official organ of Greene County, on the following date: February 17, 1995. /s/ Floyd L. Griffin, Jr. Senator, 25th District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. ROCKDALE COUNTY BOARD OF COMMISSIONERS; PURCHASES; BIDS. No. 142 (Senate Bill No. 399). AN ACT To amend an Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), is amended by striking in its entirety paragraph (19) of Section 10 and inserting in lieu thereof the following: (19) To make purchases in amounts of $5,000.00 or more; provided, however, that for any purchases in such amounts, advertisements for

Page 3960

bids shall first be published once a week for four consecutive weeks in the official organ of Rockdale County. Formal sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. The purchase shall be made from the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery. Advertisement and the obtaining of formal bids may be dispensed with when, in the discretion of the board of commissioners, an emergency exists which will not permit a delay; provided, however, that any contract let pursuant to such an exemption because of an emergency shall be entered, as soon as practicable, on the minutes of the board of commissioners, and the nature of the emergency shall be described therein. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (GA. L. 1977, p. 2817), as amended; and for other purposes. This 15 day of Feb., 1995. Mike Crotts Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who, on oath, deposes and says that he is Senator from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the following date: February 17, 1995. /s/ Mike Crotts Senator, 17th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995.

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ROCKDALE COUNTY BOARD OF COMMISSIONERS; DIRECTOR OF FINANCE. No. 143 (Senate Bill No. 401). AN ACT To amend an Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), as amended, so as to provide for the appointment of a director of finance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. L. 1977, p. 2817), is amended by striking in its entirety subsection (c) of Section 13 and inserting in lieu thereof the following: (c) The board of commissioners shall have the exclusive authority to appoint, remove, and fix the compensation of the executive assistant, the finance director, and the county attorney and any other attorney employed at county expense. SECTION 2 . Said Act is further amended by striking in its entirety subsection (a) of Section 16 and inserting in lieu thereof the following: (a) The department of finance shall be under the supervision and control of the finance director. The financial director shall be appointed by the chairperson of the board of commissioners and confirmed by the commission and shall be directly responsible to them. The financial director's compensation shall be fixed by the commission. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create a board of commissioners for Rockdale County, approved March 4, 1977 (GA. L. 1977, p. 2817), as amended; and for other purposes. This 15 day of Feb., 1995. Mike Crotts Senator Mike Crotts District 17
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who, on oath, deposes and says that he is Senator from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the following date: February 17, 1995. /s/ Mike Crotts Senator, 17th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. HART COUNTY TAX COMMISSIONER; COMPENSATION. No. 144 (House Bill No. 1044). AN ACT To amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, is amended by striking subsection (a) of Section 6 of said Act and inserting in lieu thereof a new subsection (a) to read as follows: (a)(1) The tax commissioner of Hart County shall be compensated as provided in this section. (2) The person who was in office as such official on February 1, 1995, shall receive as a base salary the total amount which was being received by such official on February 1, 1995, from county funds. If state employees are granted a cost-of-living increase by general Act of the General Assembly, the total compensation then being received by such

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official shall be increased effective on the same date and in the same percentage or amount as any such cost-of-living increase granted to state employees by such general Act. At the end of each complete four-year term of office served by such official which is completed after February 1, 1995, the total compensation then being received by such official shall be increased by 5 percent. If the base minimum salary amount contained in paragraph (1) of subsection (b) of Code Section 48-5-183 of the Official Code of Georgia Annotated for a tax commissioner of a county having the same population as Hart County is increased on or after May 1, 1995, the total compensation then being received by the tax commissioner of Hart County shall be increased in the same amount and on the same effective date as the change in such base minimum salary contained in paragraph (1) of subsection (b) of such Code section. This paragraph shall be applicable only to the individual in office as such official on February 1, 1995. The Board of Commissioners of Hart County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (3) Any person elected or appointed to such office, other than the individual holding such office on February 1, 1995, shall be compensated in the amount established as minimum compensation for such office by the general laws of this state. The Board of Commissioners of Hart County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (4) All such compensation shall be paid in equal monthly installments from the funds of Hart 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to change the provisions relating to the compensation of the tax commissioner, to provide an effective date; to repeal conflicting laws; and for other purposes.

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This 7th day of March, 1955. /s/ PHIL HIX Hart County Tax Commissioner /s/ WILLIAM S. KELLEY, Jr., Chairman Hart County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, 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 Hartwell Sun, which is the official organ of Hart County, on the following date: March 8, 1995. /s/ Alan Powell Representative, 23rd District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. WHITE COUNTY BOARD OF COMMISSIONERS; RE-CREATION; REFERENDUM. No. 145 (House Bill No. 1040). AN ACT To amend an Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, so as to re-create the board of commissioners; to provide for a chairman and two members and their qualifications, election, terms of office, and compensation; to provide for filling vacancies; to provide for bonds, meetings, and powers and duties of the board; to provide for a clerk and a county administrator; to provide for related matters; to provide an effective date; to provide for a referendum; to 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 creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, is amended by striking

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in their entirety Sections 1 through 11 and inserting in lieu thereof new sections to read as follows: SECTION 1. (a) There is created a board of commissioners of White County to consist of a chairman and two other members to be elected by the qualified voters of White County as hereinafter provided. (b) The chairman and other members of said board of commissioners shall be qualified electors eligible to vote for members of the General Assembly of Georgia and shall have resided within White County at least one year prior to their election. SECTION 2. (a) For the purposes of electing the chairman and other members of said board, candidates for chairman shall offer as candidates for that office, and there shall be two commissioner posts, to be designated Post 1 and Post 2, for the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairman and commissioner may reside anywhere within White County and shall be elected by a majority of the qualified voters of the entire county voting in the elections held for that purpose. All such elections shall be held and conducted as provided by law for the election of county officers. (b) The chairman and members of the board in office on the effective date of this Act shall complete the terms for which they were elected. The term of the chairman shall expire on December 31, 1996, and when a successor is elected and qualified. The chairman's successor shall be elected in the general election in November, 1996, and shall take office on the first day of January, 1997. The term of the members of the board other than the chairman shall expire on December 31, 1998, and when their respective successors are elected and qualified. The successors to the members of the board other than the chairman shall be elected in the general election in November, 1998, and shall take office on the first day of January, 1999. Thereafter, successors shall be elected in the November election preceding the expiration of the term of office, and successors shall take office for terms of four years on the first day of January immediately following their election. (c) In the event a vacancy occurs in the chairmanship or other member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the probate judge of White County, as election superintendent for the county, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the

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chairmanship or other member of said board with six months or less remaining before the expiration of the term of office, the probate judge shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term. SECTION 3. The chairman and other members of the board of commissioners of White County shall be commissioned by the Governor of Georgia and shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. Such commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the probate judge, and payable to the probate judge and his or her successors in office, conditioned upon the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. The surety on said bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the probate judge and shall be recorded upon his or her minutes. SECTION 4. Said board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of White County or another location within the county convenient to the citizens of White County, on the first Tuesday in each month of the year, but said board of commissioners may hold sessions at any time they deem proper, upon the call of the chairman or upon the written request of two commissioners. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. SECTION 5. (a) The board of commissioners shall employ a clerk and an administrator, and any such other personnel as said board deems necessary. All such personnel shall receive the compensation fixed by the board which shall be paid from county funds. (b) It shall be the duty of the clerk of said board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. The clerk shall file and keep in the order of their date all original orders and papers, petitions, applications, and other papers addressed to the board of commissioners concerning county business. Said clerk shall also keep a book showing all pending contracts

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pertaining to the board of commissioners. All the books, files, and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection by any taxpayer of the county during normal working hours, subject to the provisions of Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to open records, as now or hereafter amended. The clerk shall perform such other duties as may be directed by the board of commissioners. Said clerk shall hold said office at the pleasure of the board of commissioners. (c) It shall be the duty of the county administrator to perform responsible fiscal and administrative duties in managing the affairs and transacting the business of White County. The administrator shall perform or supervise the performance of the accounting, budgeting, purchasing, personnel, and county provided services, shall attend and participate in board meetings, and shall work with elected and appointed officials in the financing and operation of the county government. The administrator shall also prepare special reports, conduct studies, and hear and resolve complaints as required. Said county administrator shall hold said office at the pleasure of the board of commissioners. (d) Said clerk and administrator before entering on the discharge of their duties shall be required to give bond and take the same oath as required by commissioners which bond shall be in the sum of $10,000.00 for the clerk and the sum of $50,000.00 for the administrator, both payable to the said board of commissioners for the faithful performance of their duties. The surety on said bonds shall be a corporate surety company authorized to do business in this state, and the premiums therefor shall be paid from county funds. SECTION 6. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of said board. The chairman of said board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him or her by law or authorized by said board. The county administrator shall at each regular meeting of said board report on the condition of the county affairs and make to said board such recommendations as he or she may deem proper. The board of commissioners shall set such rules and policies as may be necessary for the proper functioning of the board meetings. In all meetings and in all matters, the majority of the board members voting shall govern the actions of the board and each member thereof. SECTION 7. (a) The chairman of the board of commissioners shall be the presiding officer at all meetings of the board unless said chairman is absent, in

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which event the remaining commissioners shall elect between them a vice chairman to preside at said meeting. (b) The post members of the board of commissioners shall receive a salary equal to 20 percent of the county sheriff's base salary as now or hereafter provided by general law, and the chairman of the board shall receive a salary 20 percent higher than the post members of the board. Said salaries shall be payable in equal monthly installments out of the general funds of White County. The chairman and each other member of the board shall also receive an expense allowance for in-county travel of $100.00 per month out of the funds of White County. (c) The change in compensation provided by this section shall become effective as to the chairman on January 1, 1997, and until such date the compensation of the chairman shall be the same as provided by previous Acts. The change in compensation as to the members of the board other than the chairman shall become effective on January 1, 1999, and until such date the compensation of such members shall be the same as provided by previous Acts. SECTION 8. Said board of commissioners of White County shall have exclusive jurisdiction and control over the following matters, to wit: in controlling all of the property belonging to said county as it may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management, or disbursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county; for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of said county for the correction of errors; in regulating or fixing license fees as may be provided by law; in requiring any county officer or department to submit budget information and budget requests; in maintaining and operating the county public correctional institution or other similar facility of the county as provided by law, such as hiring and directing superintendents, wardens, guards of convicts, and district road overseers; in providing an annual budget and acting on all budgetary matters and budgetary requests; to have and exercise all the power heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances.

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SECTION 9. The treasurer of White County or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the board of commissioners, provided this requirement shall not apply to the jury scrip issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney; provided, further, that the board of commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the chairman of the board of commissioners shall be required to disburse funds. SECTION 10. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. Prior to the first day of September of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the probate judge and the grand jury meeting after the audit report has been completed. The probate judge shall post a copy of the entire audit on the bulletin board at the courthouse and shall notify the residents of White County that the audit is so posted and that the entire audit report may also be inspected in the office of the probate judge during business hours. The probate judge shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in the official organ of the county as soon as it is available from the said certified public accountant. The cost of all such publication in the official organ of White County shall be paid by county funds. SECTION 11. Said board shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as may be fixed by the board, and said county attorney shall serve at the pleasure of the board. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney who shall be paid such compensation as the board may direct out of regular funds of the county. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of White County for approval or rejection. The election

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superintendent shall conduct that election on the date of and in conjunction with the March, 1996, presidential preference primary election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of White County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which re-creates the board of commissioners of White 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 on January 1, 1997. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by White County. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of White County, approved March 21, 1970 (Ga. L. 1970, p. 2993), as amended, so as to recreate the board of commissioners; to provide for a chairman and two members and their qualifications, election, terms of office and compensation; to provide for filling vacancies; to provide for bonds, meetings, and powers and duties of the board; to provide for a clerk and a county administrator; to provide an effective date; to provide for a referendum; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. This 3rd day of March, 1995. s/Ben Purcell Representative District 9 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Purcell, who, on oath, deposes and

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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 White County News, which is the official organ of White County, on the following date: March 9, 1995. /s/ Ben Purcell Representative, 9th District Sworn to and subscribed before me, this 9th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. HART COUNTY CLERK OF THE SUPERIOR COURT; JUDGE OF THE PROBATE COURT; COMPENSATION. No. 146 (House Bill No. 1043). AN ACT To amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the probate court; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, is amended by striking Section 2 of said Act and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. (a) The clerk of the Superior Court of Hart County shall be compensated as provided in this section. (b) The person who was in office as such official on February 1, 1995, shall receive as a base salary the total amount which was being received by such official on February 1, 1995, from county funds. If state employees are granted a cost-of-living increase by general Act of the

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General Assembly, the total compensation then being received by such official shall be increased effective on the same date and in the same percentage or amount as any such cost-of-living increase granted to state employees by such general Act. At the end of each complete four-year term of office served by such official which is completed after February 1, 1995, the total compensation then being received by such official shall be increased by 5 percent. If the base minimum salary amount contained in subsection (a) of Code Section 15-6-88 of the Official Code of Georgia Annotated for a clerk of the superior court of a county having the same population as Hart County is increased on or after May 1, 1995, the total compensation then being received by the clerk of the Superior Court of Hart County shall be increased in the same amount and on the same effective date as the change in such base minimum salary contained in subsection (a) of such Code section. This subsection shall be applicable only to the individual in office as such official on February 1, 1995. The Board of Commissioners of Hart County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (c) Any person elected or appointed to such office, other than the individual holding such office on February 1, 1995, shall be compensated in the amount established as minimum compensation for such office by the general laws of this state. The Board of Commissioners of Hart County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (d) All such compensation shall be paid in equal monthly installments from the funds of Hart County. SECTION 2 . Said Act is further amended by striking Section 3 of said Act and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. (a) The judge of the Probate Court of Hart County shall be compensated as provided in this section. (b) The person who was in office as such official on February 1, 1995, shall receive as a base salary the total amount which was being received by such official on February 1, 1995, from county funds. If state employees are granted a cost-of-living increase by general Act of the General Assembly, the total compensation then being received by such official shall be increased effective on the same date and in the same percentage or amount as any such cost-of-living increase granted to state employees by such general Act. At the end of each complete four-year term of office served by such official which is completed after February 1, 1995, the total compensation then being received by such official shall

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be increased by 5 percent. If the base minimum salary amount contained in paragraph (1) of subsection (a) of Code Section 15-9-63 of the Official Code of Georgia Annotated for a judge of the probate court of a county having the same population as Hart County is increased on or after May 1, 1995, the total compensation then being received by the judge of the Probate Court of Hart County shall be increased in the same amount and on the same effective date as the change in such base minimum salary contained in paragraph (1) of subsection (a) of such Code section. This subsection shall be applicable only to the individual in office as such official on February 1, 1995. The Board of Commissioners of Hart County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (c) Any person elected or appointed to such office, other than the individual holding such office on February 1, 1995, shall be compensated in the amount established as minimum compensation for such office by the general laws of this state. The Board of Commissioners of Hart County, acting in its sole discretion, is authorized to supplement the compensation so established for such official in such amount as may be fixed by the board of commissioners. (d) All such compensation shall be paid in equal monthly installments from the funds of Hart 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 1995 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the probate court; to provide effective dates; to repeal conflicting laws; and for other purposes.

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This 7th day of March, 1995. WILLIAM E. HOLLAND, III Hart County Clerk of Superior Court /s/ BOB SMITH Hart County Probate Court Judge /s/ WILLIAM S. KELLEY, Jr., Chairman Hart County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, 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 Hartwell Sun, which is the official organ of Hart County, on the following date: March 8, 1995. /s/ Alan Powell Representative, 23rd District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. MONROE COUNTY BOARD OF COMMISSIONERS; LOCAL CUSTODIAN AND LOCAL REGISTRAR OF VITAL RECORDS; FEES. No. 147 (House Bill No. 1053). AN ACT To amend an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to provide that the local custodian and local registrar of such county shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 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 . An Act entitled An Act to create a board of commissioners of roads and revenues for the County of Monroe, approved August 19, 1907 (Ga. L.

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1907, p. 318), as amended, is amended by inserting immediately following Section 8 a new section to read as follows: SECTION 9. Any other provision of law to the contrary notwithstanding, the local custodian and local registrar of Monroe County, as such terms are defined in Code Section 31-10-1 of the O.C.G.A., shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 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 1995 session of the General Assembly of Georgia a bill to repeal an Act entitled An Act creating a board of commissioners for Monroe County, approved August 19, 1907, as amended; and for other purposes. This 21st day of February, 1995. /s/ Curtis S. Jenkins Representative, 110th 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 110th 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 22, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995.

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LAURENS COUNTY BOARD OF EDUCATION; DISTRICTS. No. 148 (Senate Bill No. 463). AN ACT To amend an Act providing for the election of members of the Board of Education of Laurens County from single member districts and providing for said districts approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, so as to provide for the redrawing of the district lines; 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 Laurens County from single member districts and providing for said districts, among other things, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) For the purpose of electing the five members of the Board of Education of Laurens County, the school district shall be divided into education districts as follows: (1) District 1 shall have the following boundaries: Beginning in Laurens County, Georgia at the intersection of Georgia State Highway No. 86 with the G. R. Graham Road; thence west along the northern margin of Georgia Highway No. 86 to the point where said margin of Georgia Highway No. 86 intersects with the run of Pughes Creek; thence south and southwest along Pughes Creek to a point where the run of Pughes Creek intersects with the northerly margin of State Highway 29; thence northwesterly along the northern margin of Georgia Highway 29 to a point where said margin of said highway intersects with the East Dublin City Limits; thence southwesterly, northwesterly and southwesterly along said City Limits to the point where said City Limits intersects with the Oconee River; thence north along the eastern margin of the Oconee River to Central Drive; thence northeasterly and then southeasterly along the southern margin of Central Drive in East Dublin, Georgia, to a point where Central Drive intersects with Georgia State Highway 319; thence continuing along said Highway 319 in a northeasterly direction to a point where the City Limits of East Dublin intersect with Highway 319; thence continuing on in a northeasterly direction along said City Limits and Georgia Highway 319 to a point where the City Limits of East Dublin, Georgia, turns in a westerly direction; from said point, thence continuing on along said City Limits of East Dublin, Georgia, in a westerly direction

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and then in a southwesterly direction to a point where said City Limits intersects with Buckeye Road; thence continuing in a northerly direction along the eastern margin of Buckeye Road to a point where said margin of Buckeye Road intersects with the run of a creek that lies just north of the intersection of Ben Hall Lake Drive and Buckeye Road; from the intersection of said creek with Buckeye Road, thence run in an easterly direction to a point where the run of said creek intersects with Ben Hall Lake Drive; thence along Ben Hall Lake Drive in a northeasterly direction to a point formed by the intersection of said Drive with Ben Hall Lake Road; thence running in a northwesterly direction along Ben Hall Lake Road to a point where said road intersects with Cullens Road; thence running in a northeasterly direction along Cullens Road to a point where Cullens Road intersects with Thundering Springs Road; thence running in a southeasterly direction along Thundering Springs Road to a point where Thundering Springs Road intersects with Ben Hall Lake Road; thence continuing along Ben Hall Lake Road in a northeasterly direction to a point where said road intersects with Rawles Road; thence running in a northwesterly direction along Rawles Road to the point where Rawles Road intersects with the run of Big Branch; thence running along the run of Big Branch in a northeasterly direction thence southeasterly; thence northeasterly to the point where the said run intersects with Pleasant Way Road; thence running in a northwesterly direction along Pleasant Way Road to a point where said road intersects with Jackson Lake Road; thence continuing along Jackson Lake Road in a northeasterly direction to a point where said road intersects with the run of Big Branch; thence continuing in a northerly direction along the run of Big Branch to the point where the run of Big Branch intersects with the Laurens-Johnson County, line; thence continuing along said county line southeasterly, thence southwesterly, thence southeasterly and thence southerly to the intersection of said county line with State Highway 86; thence continuing along State Highway 86 in a northwesterly direction to a point formed by the intersection of said Highway with the G. R. Graham Road and the point of beginning. (2) District 2 shall have the following boundaries: Beginning at the intersection of State Highway 26 with the Laurens County-Bleckley County Line; thence run northeasterly along said State Highway 26 to the point where said Highway 26 intersects with Highway 80 West; thence continuing in a northeasterly direction along the Old Hawkinsville Road to the point where said road intersects with the Seaboard Systems Railroad; thence running along said railroad in a southeasterly direction to a point where said railroad intersects with U. S. Highway 80 West; thence continuing in a southeasterly direction along said Highway U. S. 80 to the point where said highway intersects with the City Limits of the Town of Dudley; thence following the City Limits of the Town of Dudley around the northern limits of said Town

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to the point where said City Limits intersects with State Highway No. 338 on the northeastern side of said Town; thence continuing in a northeasterly direction along State Highway No. 338 to a point where said State Highway No. 338 intersects with Strickland Road; thence continuing in an easterly then northeasterly direction along Strickland Road to the point where Strickland Road intersects with Claxton Dairy Road; thence running northwesterly along Claxton Dairy Road to the intersection of said road with Blackshear Ferry Road West; thence continuing along said Blackshear Ferry Road West in an easterly direction to the point where said road intersects with U. S. Highway 441 North; thence continuing along U. S. Highway 441 North in an easterly direction to the point where said Highway intersects with Blackshear Ferry Road West; thence continuing in an easterly direction along Blackshear Ferry Road West where said road intersects with Country Club Road; thence running in a northerly direction along Country Club Road to the Oconee River; thence running along the eastern margin of the Oconee River east thence southeast, thence southwest, thence southeasterly, thence southwesterly to the point where said margin of the Oconee River intersects with the northern margin of Central Drive in East Dublin, Georgia; thence continuing along the northern margin of said Central Drive in an easterly direction to the point where said Central Drive intersects with Georgia State Highway 319 North; thence continuing along the westerly margin of said Highway 319 in a northeasterly direction to a point where said Highway 319 intersects with the East Dublin City Limits; thence continuing along said City Limits and U. S. Highway 319 in a northeasterly direction to the point where the City Limits of East Dublin stops on Highway 319; thence following the City Limits of the Town of East Dublin in a westerly direction, thence in a southwesterly direction to the intersection of said City Limits with the Buckeye Road; thence running along the Buckeye Road in a northerly direction to a point where said road crosses a creek that lies just north of the Ben Hall Lake Drive, said creek being a tributary of Big Creek; thence following said creek in an easterly direction to the point where said creek intersects with Ben Hall Lake Drive; thence continuing along Ben Hall Lake Drive in a northerly direction to the point where said road intersects with Ben Hall Lake Road; thence continuing in a northwesterly direction along Ben Hall Lake Road to a point where said road intersects with Cullens Road; thence running in a northeasterly direction along Cullens Road to a point where said road intersects with Thundering Springs Road; thence running in a southeasterly direction along Thundering Springs Road to a point where said road intersects with Ben Hall Lake Road; thence running in a northeasterly direction along Ben Hall Lake Road to a point where said road intersects with Rawles Road; thence continuing along Rawles Road in a northwesterly direction to a point where said road intersects with the centerline of Big Branch; thence running along Big Branch in a

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northeasterly direction, thence in a southeasterly direction, thence in a northeasterly direction to a point where said branch intersects with Pleasant Way Road; thence continuing in a northern direction along Pleasant Way Road to a point where said road intersects with Jackson Lake Road; thence running in a northeasterly direction along Jackson Lake Road to the point where said road intersects with Big Branch; thence continuing along Big Branch in a northerly direction to a point where said branch intersects with the Laurens County-Johnson County line; thence continuing along said County Line in a northwesterly direction to the common corner between the Johnson County, Laurens County and Wilkinson County lines, from said point thence continue along the Laurens County-Wilkinson County line in a southwesterly direction to a point formed by the intersection of the Wilkinson County, Bleckley County, Laurens County lines; thence continuing along the Laurens County-Bleckley County line in a southeasterly direction to the intersection of said county line with the State Highway No. 26 and the point of beginning. (3) District 3 shall have the following boundaries: Beginning at the intersection of the G. R. Graham Road with Georgia State Highway No. 86; thence run east along the southern boundary of District No. 1 described above to the Oconee River; thence across said Oconee River and follow the southern limits of the City of Dublin in a southerly direction along the western margin of the Oconee River to the point where said City Limits thence turn to the west; thence following said City Limits of the City of Dublin in a westerly direction around to the point where said City Limits intersects with U. S. Highway 80 West; thence continuing along U. S. Highway 80 West in a westerly direction to a point where said Highway crosses Turkey Creek; thence running along the run of Turkey Creek in a southeasterly direction to the point where Turkey Creek intersects with Georgia State Route No. 19; thence running in a northerly direction along Georgia State Route 19 to the point formed by the intersection of said State Highway 19 with the centerline of Interstate Highway 16; thence continuing along said centerline of said Interstate Highway 16 in an easterly direction to the point where said Highway intersects with the Oconee River; thence running along the eastern margin of the Oconee River in a southeasterly direction to the point where said river intersects with the Laurens County-Treutlen County Line; thence continuing along said Laurens County-Treutlen County Line in a northeasterly direction to the point where said County Line intersects with the Emanuel County Line; thence continuing along the Laurens County-Emanuel County Line in a northwesterly direction to the point where said County Line intersects with Georgia Highway No. 86; thence along Georgia Highway 86 in a northwesterly direction to the point formed by the intersection of said State Highway 86 with the G. R. Graham Road and the point of beginning.

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(4) District 4 shall have the following boundaries: Beginning at the intersection of Georgia Highway No. 26 and the Laurens County-Bleckley County Line; thence continuing along State Highway 26 in a northeasterly direction to the point formed by the intersection of said State Highway 26 with U. S. Highway 80; thence continuing on in a northeasterly direction along the Old Hawkinsville Road to a point formed by the intersection of said road with the Seaboard Systems Railroad; thence running along said railroad in a southeasterly direction to a point formed by the intersection of said railroad with U. S. Highway 80 West; thence continuing along U. S. Highway 80 West in a southeasterly direction to a point formed by the intersection of said Highway with the City Limits of the Town of Dudley; thence continuing along the northern margin of the Town of Dudley in a northeasterly direction to a point formed by the intersection of the City Limits of the Town of Dudley with Georgia State Highway 338 as the same runs northeasterly from the Town of Dudley; thence continuing in a northeasterly direction along said State Highway 338 to the point formed by the intersection of said Highway with Strickland Road; thence running along Strickland Road in an easterly thence northeasterly direction to a point formed by the intersection of said road with Claxton Dairy Road; thence running in a northwesterly direction along Claxton Dairy Road to a point formed by the intersection of said road with Blackshear Ferry Road West; thence continuing in an easterly direction along Blackshear Ferry Road West to a point formed by the intersection of said road with U. S. Highway 441 North; thence continuing along said U. S. Highway 441 North in a southeasterly direction to a point formed by the intersection of said road with Blackshear Ferry Road West; thence continuing along Blackshear Ferry Road West in a easterly direction to a point formed by the intersection of said road with Country Club Road; thence running along Country Club Road in a northern direction to a point formed by the intersection of said road with the Oconee River; thence running along the Oconee River in an easterly direction, thence in a southeasterly direction, thence in a southwesterly direction to a point formed by the intersection of said river with the Dublin City Limits as the same goes around the property including the Dublin Country Club, said City Limits running north, then northwesterly, then southwesterly, then southeasterly back to the Oconee River; thence continuing along the Oconee River in a southerly direction, thence in a southwesterly direction to a point formed by the intersection of the Oconee River with the easternmost margin of the City of Dublin; thence continuing along the northern portion of the City Limits of Dublin in a westerly direction to a point formed by the intersection of the City Limits of the City of Dublin with U. S. Highway 80 West; thence continuing along U. S. Highway 80 West in a westerly direction to a point formed by the intersection of said Highway with Turkey Creek; thence running along Turkey Creek in a southeasterly direction

Page 3981

to a point formed by the intersection of Turkey Creek and Blue Water Creek; thence continuing along Blue Water Creek in a southwesterly direction to a point formed by the intersection of Blue Water Creek with State Highway 338; thence along said State Highway 338 in a northerly direction to a point formed by the intersection of said State Highway with the Dublin-Eastman Road; thence continuing along the Dublin-Eastman Road in a southwesterly direction to a point formed by the intersection of said road with the Laurens County-Dodge County Line; thence continuing along the Laurens County-Dodge County Line in a northwesterly direction to a point formed by the intersection of said County Line with the Bleckley County Line; thence continuing along the Laurens County-Bleckley County Line in a northwesterly direction to a point formed by the intersection of said County Line with State Highway 26 and the point of beginning. (5) District 5 shall have the following boundaries: Beginning at the intersection of the Eastman-Dublin Road with the Laurens County-Dodge County Line, from said point of beginning, thence run in a northeasterly direction along said Road to a point formed by the intersection of said road with State Highway 338; thence run along said State Highway 338 in a southeasterly direction to a point formed by the intersection of said State Highway with Blue Water Creek; thence run along Blue Water Creek in a northeasterly direction to a point formed by the intersection of said creek with Turkey Creek; thence run along Turkey Creek in an easterly direction to a point formed by the intersection of Turkey Creek with Georgia Highway 19; thence run along said Georgia Highway 19 in a northern direction to a point formed by the intersection of said Highway with the centerline of Interstate Highway 16; thence continuing along the centerline of said Interstate Highway 16 in an easterly direction to a point formed by the intersection of said centerline with the western margin of the Oconee River; thence running along said margin of the Oconee River in a southeasterly direction to a point formed by the intersection of said river with the Laurens County-Treutlen County Line; thence running along the Laurens County-Treutlen County Line in a southwesterly direction, thence in a southeasterly direction to a point formed by the intersection of said County Line with the Wheeler County Line; thence continuing along the Laurens County-Wheeler County Line in a southwesterly direction to a point formed by the intersection of said County Line with the Dodge County Line; thence continuing along the Laurens County-Dodge County Line in a southwesterly direction, thence in a northwesterly direction to a point formed by the intersection of the Laurens County-Dodge County Line with the Eastman-Dublin Road and the point of beginning. (b) Any part of the school district which is not included in any district provided in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population

Page 3982

according to the United States Decennial Census of 1990 or any future such census. SECTION 2 . It shall be the duty of the Board of Education of Laurens County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INCORPORATE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 Session of the General Assembly of Georgia, a bill to provide for the redrawing of the districts from which each member of the Board of Education of Laurens County is to be elected from and other purposes. This 1st day of March,. 1995. Donald W. Gillis, Attorney for Laurens County Board of Education March 1, 1995 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who, on oath, deposes and says that he is Senator from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier Herald, which is the official organ of Laurens County, on the following date: March 4, 1995. /s/ Hugh M. Gillis, SR. Senator, 20th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. TOOMBS JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 149 (Senate Bill No. 462). AN ACT To provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Toombs Judicial

Page 3983

Circuit by the counties comprising such circuit; to provide for the amount of such supplements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) In addition to the compensation, expenses, and allowances paid from state funds, the salary of each judge of the superior courts of the Toombs Judicial Circuit shall be supplemented in the amount of $12,000.00 per annum. (b) The salary supplements provided for in subsection (a) of this section shall be paid in 12 equal monthly payments by the governing authorities of the respective counties or such other authorities having control of expenditures of county funds. Each county comprising the Toombs Judicial Circuit shall pay a proportionate share of the salary supplement based on its share of the population of the Toombs Judicial Circuit. The latest official United States decennial census shall be used to determine each county's share of the supplemental payments. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a supplement to the salary of the judges of the superior courts of the Toombs Judicial Circuit; to provide for matters relative to the foregoing; and for other purposes. This 14th day of February, 1995. 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

Page 3984

the Gibson Record and Guide, which is the official organ of Glascock County, on the following date: March 2, 1995. /s/ G. B. Pollard, Jr. Senator, 24th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a supplement to the salary of the judges of the superior court of the Toombs Judicial Circuit; to provide for matters relative to the foregoing and for other purposes. This 14th day of February, 1995. Sen. `Jake' 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 Warrenton Clipper, which is the official organ of Warren County, on the following date: February 24, 1995. /s/ G. B. Pollard, Jr. Senator, 24th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a supplement to the salary of the judges of the superior courts of the Toombs Judicial Circuit; to provide for matters relative to the foregoing; and for other purposes. This 14th day of February, 1995.

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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 Thomson Times, which is the official organ of McDuffie County, on the following date: February 22, 1995. /s/ G. B. Pollard, JR. Senator, 24th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a supplement to the salary of the judges of the superior courts of the Toombs Judicial Circuit; to provide for matters relative to the foregoing; and for other purposes. This 14th day of February, 1995. Jake Pollard 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 Lincoln Journal, which is the official organ of Lincoln County, on the following date: February 23, 1995. /s/ G. B. Pollard, JR. Senator, 24th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL)

Page 3986

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a supplement to the salary of the judges of the superior courts of the Toombs Judicial Circuit; to provide for matters relative to the foregoing; and for other purposes. This 14th day of February, 1995. 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 News Reporter, which is the official organ of Wilkes County, on the following date: February 23, 1995. /s/ G. B. Pollard, JR. Senator, 24th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a supplement to the salary of the judges of the superior courts of the Toombs Judicial Circuit; to provide for matters relative to the foregoing; and for other purposes. This 14th day of February, 1995. 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

Page 3987

the Advocate Democrat, which is the official organ of Taliaferro County, on the following date: February 17, 1995. /s/ G. B. Pollard, Jr. Senator, 24th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. COBB COUNTY TAX COMMISSIONER; CHIEF CLERK AND EXECUTIVE SECRETARY; COMPENSATION. No. 150 (Senate Bill No. 461). AN ACT To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4329), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), so as to change the compensation of the chief clerk and the executive secretary 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 into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4329), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: SECTION 3. (a) The tax commissioner shall receive an annual salary of $60,895.50, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $54,348.00, to be paid in equal monthly installments from the funds of the county treasury. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court

Page 3988

of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $33,670.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949,. p. 790), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Senator from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3989

Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ Johnny Isakson Senator, 21st District Sworn to and subscribed before me, this 1st day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. HABERSHAM COUNTY WATER AND SEWERAGE AUTHORITY MEMBERSHIP; QUORUM. No. 151 (Senate Bill No. 467). AN ACT To amend an Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), so as to change the membership of the Authority; to change the number for a quorum on the 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 . An Act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Ga. L. 1981, p. 3327), is amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. Habersham County Water and Sewerage Authority. (a) There is hereby created a body corporate and politic, to be known as the `Habersham County Water and Sewerage Authority,' which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The membership of the authority shall be composed of nine members as follows: one member shall be the chairperson of the board

Page 3990

of commissioners of Habersham County; one member shall be the chairperson of the Habersham County Industrial Authority; and one member shall be appointed from each of the municipalities of Alto, Baldwin, Clarkesville, Cornelia, Demorest, Mount Airy, and Tallulah Falls by the respective governing authorities of said municipalities. With the exception of the posts occupied by the chairperson of the board of commissioners of Habersham County and the chairperson of the Habersham County Industrial Authority, the terms of the initial members of the authority shall be as follows: the members representing the municipalities of Alto and Baldwin shall be appointed for a term of office expiring June 1, 1981; the members representing the municipalities of Clarkesville and Cornelia shall be appointed for a term of office expiring June 1, 1982; and the members representing the municipalities of Demorest and Mount Airy shall be appointed for a term of office expiring June 1, 1983. 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. Those members in office on the effective date of this Act shall continue and serve for their terms for which they were appointed. The member representing Tallulah Falls shall be appointed for a term to begin not more than 60 days after the effective date of this Act to expire June 1, 2000. Successors shall be appointed by the appropriate governing authority in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of five years and until his or her respective successor is duly appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. 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 the municipality he or she is to represent for at least one year prior to the date of his or her appointment, and shall not have been convicted of a felony. (d) The members of the authority shall elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson 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 and the treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly

Page 3991

elected and qualified. The chairperson of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. (e) Six members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body of Habersham County or the appropriate governing authority from the municipality whose representation is affected by the vacancy shall select and appoint a qualified person to fill the unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his or her residence from the municipality which he or she represents; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her 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) 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 Habersham 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 or in the sale, lease, or purchase of any property to or from the authority. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly a bill to amend and act creating the Habersham County Water and Sewerage Authority, approved April 6, 1981 (Georgia Law 1981 p. 3327): to repeal conflicting laws and for other purposes. s/Jerry Tanksley Chairman Habersham County Commissioners 2c-3-7
Page 3992

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Middleton, 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: February 28, 1995. /s/ Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 29, 1995. BRANTLEY COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 152 (Senate Bill No. 471). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County; to provide for terms of office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . At the state-wide primary and November general election conducted in 1996 and every four years thereafter, the judge of the Probate Court of Brantley County shall be nominated and elected by the qualified voters of Brantley County in a nonpartisan primary and election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. SECTION 2 . At the state-wide primary and November general election conducted in 1996 and every four years thereafter, the chief magistrate of Brantley

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County shall be nominated and elected by the qualified voters of Brantley County in a nonpartisan primary and election. Persons elected to such office shall take office the first day of January immediately following such election and shall serve for a term of office of four years and until the election and qualification of their respective successors. The procedures for such nonpartisan primary and election shall be as provided in Code Section 21-2-139 of the O.C.G.A. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County; to provide for terms of office; and for other purposes. This 14th day of Feb., 1995. Sen. Ed Boshears Senator 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. Boshears, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise, which is the official organ of Brantley County, on the following date: February 16, 1995. /s/ Edward E. Boshears Senator, 6th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995.

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ROCKDALE COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 153 (Senate Bill No. 472). AN ACT To create the Rockdale 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, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, 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 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 Rockdale County or any municipality in Rockdale County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act 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 Rockdale County Water and Sewerage Authority Act.

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SECTION 2 . Rockdale County Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the Rockdale 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. (b) The authority shall consist of seven members who shall be selected so as to provide representation throughout Rockdale County and will be appointed by and serve at the pleasure of the Board of Commissioners of Rockdale County. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, have been a resident of Rockdale County for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself for a maximum of two consecutive three-year terms. The water and sewerage authority shall be composed of seven posts to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, Post No. 6, and Post No. 7. The term of each member shall be three years and until a successor is appointed and qualified, except that the initial terms shall be as follows: the members from Post No. 1 and Post No. 2 shall be appointed initially for terms which shall expire December 31, 1996, or when their respective successors are appointed and qualified; the members from Post No. 3 and Post No. 4 shall be appointed for terms which shall expire on December 31, 1997, or when their respective successors are appointed and qualified; the members from Post No. 5, Post No. 6, and Post No. 7 shall be appointed for terms which shall expire on December 31, 1998, or when their respective successors are appointed and qualified. Successors shall be appointed by the governing authority of Rockdale County. 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 the vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (c) The authority shall elect from its members a chairperson, a vice chairperson, a secretary, and a treasurer or a secretary-treasurer. Members of the authority may be compensated from funds of the authority; however, it is expressly provided that they shall be reimbursed for all actual expenses

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incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. The initial compensation established for the authority members and any future increases in such compensation must be submitted to the Board of Commissioners of Rockdale County for approval. (d) A majority of the members of the authority shall constitute a quorum and, except as provided in this subsection, any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. 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. (e) 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. (f) Each member of the authority shall, not later than March 31 of each year, submit to the Board of Commissioners of Rockdale County a financial disclosure identical to that required of public officers by Code Section 21-5-50 of the O.C.G.A. as now or hereafter amended. SECTION 3 . Definitions. As used in this Act, the term: (1) Authority or water and sewerage authority means the Rockdale 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

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water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, 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 Rockdale County, and additions to, improvements to, extensions of, and the operation and maintenance of same so as to assure an adequate water system, watershed protection and improvement, and flood control and prevention; 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 Rockdale 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, small watershed projects, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, and 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, or 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: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, maintain, lease, operate, and dispose of real and personal property of every kind and character for its corporate purposes;

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(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 be to the best advantage of the authority, the authority being under obligation to accept and pay for any property condemned under this Act from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to construct any project on any lands the title to which shall then be in Rockdale County or in any muncipality 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, 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 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 Rockdale 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 acquisition and 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, 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

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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 services 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 any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof; (7) To 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) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of this state; and (12) 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

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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 payment 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 . Revenue bonds; 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 . Revenue bonds; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairperson 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 chairperson 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 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.

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SECTION 8 . Revenue bonds; 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 . Revenue bonds; 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 . 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. SECTION 11 . Revenue bonds; 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 . Revenue bonds; 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 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 Rockdale County or any municipality in Rockdale County, nor a pledge of the faith and credit of said county or any such municipality, but

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such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county or any 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 acquision 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 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.

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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; (4) The necessary charges of the paying agent or agents for paying principal and interest; and (5) Any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be 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,

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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, fines, and other charges for the use of the facilities and services furnished. SECTION 18 . Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 19 . 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 Rockdale 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

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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 thereof, if a party to the validation proceedings, contracting with the Rockdale County Water and Sewerage Authority. SECTION 21 . Interest of bondholders protected. (a) 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. (b) 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. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Rockdale County, and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Rockdale County when in performance of their public duties or work of the county. SECTION 24 . 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 and not for purposes of private or corporate benefit and income, and such

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properties and the authority shall be exempt from all taxes and special assessment of any city, county, or the state or any political subdivision thereof. SECTION 25 . 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 small watershed project, a project for watershed protection or flood control and prevention, recreational facilities developed in connection therewith, 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 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 acquired or constructed 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 27 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act 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 Rockdale County or any municipality located therein or any adjoining county the authority to own, operate, and maintain a water system, small watershed project, project for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, 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.

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SECTION 28 . 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 29 . Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 30 . 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 1995 session of the General Assembly of Georgia a bill to create the Rockdale County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain certain projects; to confer powers and to impose duties on the authority; to authorize the issuance of revenue bonds or obligations of the authority; to provide that no debt of Rockdale County or any municipality in Rockdale County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; and for other purposes. This 15 day of Feb., 1995. Mike Crotts Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who, on oath, deposes and

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says that he is Senator from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the following date: February 17, 1995. /s/ Mike Crotts Senator, 17th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. CITY OF SOCIAL CIRCLE MAYOR AND COUNCIL; ELECTIONS; DISTRICTS; TERMS; QUALIFICATIONS. No. 154 (Senate Bill No. 474). AN ACT To amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to provide for a definition; to change the provisions relating to the election of the mayor and councilmembers of said city; to provide for council districts; to provide for terms of office; to change the provisions relating to qualifications for office; to provide for certain submissions; 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 incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, is amended by adding immediately following Section 2 thereof a new section to read as follows: SECTION 2.1. (a) For purposes of this section, the term `councilmember' means a councilman as used in the other provisions of this Act. (b) Notwithstanding any other provisions of this Act, the mayor and councilmembers of the City of Social Circle shall be elected as provided in this section. The mayor and four councilmembers in office on February 1, 1995, and any person selected to fill a vacancy in any such office shall continue to serve out their terms of office which shall expire

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December 31, 1997, and upon the election and qualification of their respective successors. The first and all subsequent successors to those councilmembers shall be elected from council districts as described in subsection (c) of this section. (c) For purposes of electing councilmembers of the City of Social Circle, the city is divided into four council districts. One councilmember shall be elected from each such district. Those districts shall consist of the following described territory of the City of Social Circle: Council District: 1 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 124A, 164A, 165, 166, 167, 173, 174, 176, 177A, 178A, 179A, 181, 182, 183, 187, 188, 189, 190, 191, 192, 193, 194, 195, 212, 213, 214, 215 Council District: 2 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 161A, 163A, 168A, 169A, 171A, 172, 184, 185A, 186, 205A, 206A, 207, 208, 209, 239, 253, 254, 255, 257A, 258A Council District: 3 NEWTON COUNTY VTD: 0005 BRICK STORE (Part) Tract: 1002. Block(s): 104A WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 175, 180A, 218A, 219, 221, 223, 235, 236 Council District: 4 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part)

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Tract: 1108. Block(s): 210, 211, 216, 217, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 256, 301A, 302, 303, 304, 305, 306, 307, 308A (d) For purposes of subsection (c) 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 Social Circle which is not included in any council district described in subsection (c) of 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 (6) Any part of the City of Social Circle which is described in subsection (c) of 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. (e) Municipal general elections for the City of Social Circle shall be conducted on the Tuesday next following the first Monday in November of 1997 and on such day every odd-numbered year thereafter. Those councilmembers in office on February 1, 1995, and any person selected

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to fill a vacancy in such office shall be deemed to be serving from council districts as follows: Council District 1 Arthur Barrett Council District 2 Luke Flowers Council District 3 Larry Coker Council District 4 Grady Lemonds (f) The first successors to those councilmembers deemed to be serving in Council Districts 1 and 3 pursuant to subsection (e) of this section shall be elected at the municipal general election in 1997, shall take office the first day of January immediately following such election, and shall serve for initial terms of office of four years each. The successor to the mayor and the first successors to those councilmembers deemed to be serving in council districts 2 and 4 pursuant to subsection (e) of this section shall be elected at the municipal general election in 1997, shall take office the first day of January immediately following such election, and shall serve for initial terms of office of two years each. Successors to the mayor and councilmembers whose initial terms expire as provided in this subsection, and all future successors to those offices whose terms are to expire, shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following such election, and shall serve for terms of office of four years each. Persons elected as mayor or councilmembers shall serve for the terms specified in this subsection and until their respective successors are elected and qualified. (g) In order to be elected as a councilmember from a council district, a person must have resided in that district for at least 12 months prior to election thereto and must receive a majority of the votes cast for that office in that district and not at large. Only electors who are residents of that council district may vote for a councilmember for that district. At the time of qualifying for election as councilmember each candidate for such office shall specify the council district for which that person is a candidate. A person elected as a councilmember from a council district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. A person may not be appointed to fill a vacancy in the office of councilmember for a council district unless such person has resided in and continues to reside in such council district in the same manner as persons elected to such office. In order to be elected as mayor, a person must have resided in the city for at least 12 months prior to election thereto and must receive a majority of the votes cast for that office in the city at large. A person elected as mayor must continue to reside in the city during that person's term of office or that office shall become vacant. (h) The mayor and councilmembers who are elected to such offices shall be elected in nonpartisan elections as provided in Chapter 3 of

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Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' and shall not be nominated in any primary. SECTION 2 . It shall be the duty of the governing authority of the City of Social Circle to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3 . Those provisions of this Act relating to and necessary for the election of the mayor and councilmembers of the City of Social Circle at the 1997 municipal general election shall become effective January 1, 1997. The remaining provisions of this Act shall become effective January 1, 1998. 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 1995 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Social Circle, approved August 1, 1904 (Ga. L. 1904, p. 626), as amended; and for other purposes. This 15th day of February, 1995. Senator Arthur C. Guhl 45th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur C. Guhl, who, on oath, deposes and says that he is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: February 22, 1995. /s/ Arthur C. Guhl Senator, 45th District Sworn to and subscribed before me, this 8th day of March, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 29, 1995.

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COBB JUDICIAL CIRCUIT CHIEF JUDGE; SALARY SUPPLEMENT. No. 155 (Senate Bill No. 475). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4468), so as to change the provisions relating to the additional supplement for the chief judge; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4468), is amended by striking subsection (b) of Section 4H in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Court of the Cobb Judicial Circuit shall receive $2,800.00 per annum, payable in equal monthly installments from the funds of Cobb County. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Cobb Judicial Circuit, approved February 19, 1961 (Ga. L. 1961, p. 184), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation 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

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Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 8th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. COBB COUNTY JUVENILE COURT; JUDGES; COMPENSATION; DESIGNATIONS. No. 156 (Senate Bill No. 478). AN ACT To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved February 27, 1990 (Ga. L. 1990, p. 3539), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4506), so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to change provisions relating to the designation of the second judge; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved February 27, 1990 (Ga. L. 1990, p. 3539), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4506), is amended by striking Sections 1 through 1C in their entirety and inserting in lieu thereof the following: SECTION 1. (a) The presiding judge of the Juvenile Court of Cobb County shall receive an annual salary of $70,980.00 to be paid in equal monthly installments from the general funds of Cobb County. (b) The other judge of the Juvenile Court of Cobb County shall receive an annual salary of $69,480.00 to be paid in equal monthly installments from the general funds of Cobb County.

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SECTION 1A. The chief judge of the superior courts of the Cobb Judicial Circuit is authorized to appoint a second judge of the Juvenile Court of Cobb County as provided by law. Said judge shall be designated as a judge and shall be compensated as provided by subsection (b) of Section 1 of this Act. SECTION 1B. Upon appointment of a second judge, the chief judge of the superior courts of the Cobb Judicial Circuit shall designate the senior judge in point of service of the Juvenile Court of Cobb County as presiding judge. In the event of any disagreement between said judges in any respect hereof, the decision of the presiding judge shall be controlling. In all matters relating to the matter of fixing, arranging for and disposing of the business of the court and court services, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the presiding judge as defined in this Act shall control. The presiding judge shall appoint the Director of Juvenile Court Services as provided by law. SECTION 1C. In the event a judge or judges of the juvenile court of the Cobb Judicial Circuit are appointed in place of the judge or judges of the Juvenile Court of Cobb County, all provisions in this Act shall apply to the judge or judges appointed to the juvenile court of the Cobb Judicial Circuit; provided, however, that any service as a judge of the Juvenile Court of Cobb County shall be included in determining the judge senior in service of the juvenile court of the Cobb Judicial Circuit for the purposes of appointing a presiding judge. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act relating to the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. p. 3560), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation
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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 20, 1995. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 29, 1995. DEKALB COUNTY COUNTY OFFICERS; COMPENSATION. No. 160 (House Bill No. 1013). AN ACT To amend 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 by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502) and by an Act approved March 19, 1987 (Ga. L. 1987, p. 4542), so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the members of the board of county commissioners, the sheriff, the judge of the probate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended by an Act approved March 18, 1980 (Ga. L. 1980, p. 3502) and by an Act approved March 19, 1987 (Ga. L. 1987, p. 4542), is

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amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1: (1) Sheriff 65% (2) Judge of the Probate Court 85% (3) Clerk of the Superior Court 75% (4) Judge of the Juvenile Court 90% SECTION 2 . Said Act is further amended by striking Section 2.1 in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows: SECTION 2.1. Notwithstanding any other provision of law to the contrary, the chief executive officer of DeKalb County shall receive an annual salary of $93,806.00; the members of the Board of County Commissioners shall receive an annual salary of $19,443.00; and the tax commissioner shall receive an annual salary of $70,664.00. SECTION 3 . Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials listed below shall be the following percentage of the gross salary as defined in Section 1: (1) State Court Judge 90% (2) State Court Solicitor 90% (3) Chief magistrate 75% (4) Associate magistrate 67.5% (5) District attorney 93.5% SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to change the provisions relating to the compensation and expenses of the Chief Executive Officer of DeKalb County and the members of the Board of Commissioners of DeKalb County; and for other purposes. This 9th day of February, 1995. Representative Thomas E. Lawrence 64th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas E. Lawrence, 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 Decatur DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 9, 1995. /s/ Thomas E. Lawrence Representative, 64th District Sworn to and subscribed before me, this 8th day of March, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 30, 1995. CITY OF LUMPKIN CORPORATE LIMITS. No. 161 (House Bill No. 738). AN ACT To amend an Act creating a new charter for the City of Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), as amended by an Act approved March 28, 1990 (Ga. L. 1990, p. 4606), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

Page 4019

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a new charter for the City of Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), as amended by an Act approved March 28, 1990 (Ga. L. 1990, p. 4606), is amended by adding, following Section 1.2A, a new Section 1.2B to read as follows: SECTION 1.2B. In addition to any other territory lying within the corporate limits of the City of Lumpkin, such city limits shall also include the following described property: EAST BROAD STREET CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on East Broad Street which is Georgia Highway No. 27 and also known as the Lumpkin to Richland Highway. From this Point of Beginning run East along said highway an even width, including all the right-of-way of said highway, for a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on East Broad Street and Georgia Highway No. 27, East. Also to be annexed into the City of Lumpkin is property abutting, facing and lying on Georgia Highway 27, East, which west boundary line of same is located 1.6 miles East of the present (old) limits of the City of Lumpkin, fronting 1,309.35 feet on the South side of said highway and better described as follows: All that tract or parcel of land situate, lying and being in Land Lot 18 of the 23rd Land District of Stewart County, Georgia, consisting of thirty (30) acres, more or less, and being more particularly described according to a plat of Survey for Stewart County Board of Education, by Langford Associates, Inc. and dated 11 May 1989, as follows: Beginning at the concrete monument marking the intersection of the southern right-of-way of Georgia Highway 27 and the East line of Land Lot 18 and running thence North 81 degrees 55 minutes 00 seconds West for 1,251.53 feet along said right-of-way to an iron pin marking the Point of Beginning. From this Point of Beginning run South 02 degrees 31 minutes 27 seconds West 785.65 feet to an iron pin; thence, North 87 degrees 17 minutes 38 seconds West 223.55 feet to an iron pin; thence South 36 degrees 42 minutes 42 seconds West 400.25 feet to an iron pin; thence, North 54 degrees 17 minutes 26 seconds West 314.45 feet to an iron pin; thence, North 89 degrees 17 minutes 17 seconds West 591.98 feet to an iron pin; thence, North 02 degrees 31 minutes 27 seconds East for 1,089.31 feet to an iron pin on the southern right-of-way of Georgia Highway 27; thence, South 81 degrees 55 minutes 00 seconds East 1,309.35

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feet along said right-of-way of Georgia Highway 27 to the iron pin marking the Point of Beginning. The above-described property is bounded on the North by Georgia Highway 27 and on the East, South, and West by property owned by Mrs. Oliver S. Morton, Sr., Oliver S. Morton, Jr., Jeanne Morton, and Franklyn A. Klassi and Joseph A. Hubert as Co-Trustees Under the Will of Elizabeth Morton Klassi, deceased, for the benefit of Franklyn A. Klassi. The above Described Property is Owned by the Stewart County School District and is the Location of the Stewart County Elementary School. SOUTH CHESTNUT STREET CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on South Chestnut Street, which is U.S. Highway No. 27 and Georgia Highway No. 1, also known as the Cuthbert Highway. From This Point of Beginning, run South along said highway an even width, including all the right-of-way of said highway, for a distance of two (2) miles. This Point shall be the new limits of the City of Lumpkin on South Chestnut Street, which is U.S. Highway No. 27 and Georgia Highway No. 1, also known as the Cuthbert Highway. OLD CHESTNUT STREET CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on Old Chestnut Street, which is County Road No. 149. From this Point of Beginning, Run in a Southwesterly direction along said road an even width, including all the right-of-way of said road, for a distance of 2.3 miles. This point shall be the new limits of the City of Lumpkin on Old Chestnut Street. Also to be annexed into the City of Lumpkin is property owned by the Stewart County School District and abutting, facing and lying on the South side of County Road No. 149, the East boundary of which is 1.8 miles from the present (old) limits of the City of Lumpkin, and runs along the South side of said road a distance of 3168 feet in a westerly direction to County Road 113 and the West line of Land Lot No. 233 of the 20th Land District of Stewart County, Georgia, which is the Point of the new limits of the City of Lumpkin on Old Chestnut Street. The following described property is owned by the Stewart County School District and upon which is located the Stewart-Quitman High School. ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots No. 233 and 248 in the 20th Land District of Stewart County, Georgia, containing 32 acres, more or less, and lying in one body along the West side of said lots of land, and described more particularly as being enclosed within the following lines, to-wit: Beginning at a point in the center of a county road running East

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and West through lot of land 248 near the South line of said Land Lot and which point is 11.25 chains East of the West line of Land Lot 248; thence run in an easterly direction along the center of said county road (South 89 degrees 30 minutes East) the distance of 5.53 chains; thence southerly (South 18 degrees 30 minutes West) the distance of 27.60 chains into lot of land 233; thence westerly (North 86 degrees 15 minutes West) the distance of 7.85 chains to the West line of Land Lot 233; thence North (North 0 degrees 15 minutes West) along the West line of Land Lot 233 and 248 to the center of the aforementioned county paved road where it intersects the West line of said Land Lot; thence in an easterly direction along the center of said public road for a distance of 11.25 chains to the place or point of beginning. Said parcel of land is presently bounded on the North by the public paved county road known as the Old Lumpkin to Eufaula Highway; on the East and South by lands of Georgia Kraft Company; and on the West by the land lot line and beyond that, lands in possession of St. Regis Paper Company. The above-described property is a portion of the lands conveyed by George P. Swift, III to William Henry Williams, Sr. by a Warranty Deed dated January 28, 1977, and recorded in the Office of the Clerk of the Stewart County Superior Court, Deed Book 60, Pages 160-162. ALSO: All that certain real estate situated and being in the 20th Land District of Stewart County, Georgia, containing 29.5193 acres, more or less, and consisting of the following known lands: A portion of the Southeast one-quarter of Lot 249 lying South of the center line of Georgia State Road PR-2843, continuing 3.6915 acres, more or less; And a portion of the Northwest one-quarter of Lot 232, continuing 25.8278 acres, more or less; And being more particularly described as follows: For the Point of Beginning commence at a concrete monument located a the Northeast corner of Lot 232 of the 20th Land District of Stewart County, Georgia; run thence South 0 degrees 42 minutes 07 seconds West, along the East line of said Lot 232 a distance of 23.5878 chains to a concrete monument located in the centerline of an old road; run thence along said centerline to a one-half inch iron pipe lying North 87 degrees 06 minutes 24 seconds West a distance of 2.8686 chains from said concrete monument; continue thence along said centerline to a concrete monument lying North 81 degrees 44 minutes 54 seconds West a distance of 8.2936 chains from said iron pipe, run thence North 0 degrees 11 minutes 52 seconds West a distance of 24.7003 chains to a concrete monument

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located in Lot 249 of said 20th Land District at a point on the Southerly line of the 80 foot right-of-way of Georgia State Road PR-2843; continue thence North 0 degrees 11 minutes 52 seconds West a distance of 0.6061 chains to a point in the centerline of said 80 foot right-of-way; run thence North 89 degrees 06 minutes 22 seconds East along said centerline a distance of 11.4900 chains to the point of intersection of said centerline with the East line of said Lot 249; run thence South 0 degrees 42 minutes 07 seconds West along said East line of Lot 249 a distance of 3.2348 chains to the concrete monument and Point of Beginning of the land thus described. WEST BROAD STREET CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on West Broad Street which is Georgia Highway No. 27 and also known as the Lumpkin to Eufaula, Alabama highway. From this point of beginning, run West along said highway and even width, including all the right-of-way of said highway, for a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on West Broad Street and Georgia Highway No. 27, West. FLORENCE STREET CITY LIMITS The Point of Beginning shall be at the present City Limits of the City of Lumpkin located on Florence Street which is Georgia Highway 39 C. From this Point of Beginning, run in a Westerly direction an even width, including all the right-of-way of said highway, a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on Georgia Highway 39 C which is also Florence Street. NORTH CHESTNUT STREET CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on North Chestnut Street which is U.S. Highway No. 27, Georgia Highway No. 1 and also known as the Lumpkin to Columbus highway. From this Point of Beginning, run North an even width along the right-of-way of said highway a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on North Chestnut Street which is U. S. Highway 27 North and Georgia Highway No. 1. VALLEY ROAD CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on the Valley Road also known as County Road No. 49. From this Point of Beginning, run in a Northeasterly direction an even width, including all the right-of-way of way of said road, for a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on the Valley Road, County Road No. 49.

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EAST MAIN STREET CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on East Main Street, County Road No. 79, also known as the James Holder Road. From this Point of Beginning, run in a Easterly direction an even width, including all the right-of-way of said road, for a distance of two (2) miles. This point shall be the new limits of the City of Lumpkin on East Main Street, County Road No. 79, also known as the James Holder Road. DR. MARTIN LUTHER KING, JR. DRIVE CITY LIMITS The Point of Beginning shall be the present City Limits of the City of Lumpkin located on Dr. Martin Luther King, Jr. Drive (South), County Road No. 148, also known as Trotman Road. From this Point of Beginning, run in a Southerly direction an even width, including all the right-of-way of said road, for a distance of two (2) miles. This Point shall be the new limits of the City of Lumpkin on Dr. Martin Luther King, Jr. Drive (South), County Road No. 148, also known as Trotman Road. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Lumpkin, approved March 23, 1977 (Ga. L. 1977, p. 3703), as amended; and for other purposes. This 12th day of January, 1995. Gerald Greene State Representative District 158 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 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Stewart-Webster Journal, which is the official organ of Stewart County, on the following date: January 19, 1995. /s/ Gerald Greene Representative, 158th District Sworn to and subscribed before me, this 24th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. TOWN OF ARCADE NEW CHARTER. No. 162 (House Bill No. 801). AN ACT To provide a new charter for the Town of Arcade; 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, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, 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 affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, a city accountant, 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 and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; 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 auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, 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 repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10 . Name. The Town of Arcade, in Jackson County, Georgia, is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name and style City of Arcade, Georgia, and by that name shall have perpetual succession. SECTION 1.11 . Corporate boundaries. (a) The corporate boundaries of this city shall be as described and set forth in Appendix A attached to this charter. 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 and to be designated, as the case may be: Official Map of the corporate limits of the City of Arcade, Georgia or Official Description of the corporate limits of the City of Arcade, 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 changes in the written description of the corporate boundaries as shown in Appendix A and for the redrawing of any city map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn written description of the corporate limits of the city or a redrawn map shall supersede for all purposes the entire written description or 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. These powers shall include, but not be limited to, the following:

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(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams or bodies of water within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (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 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 now 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 outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire districts and from time to time to extend, enlarge, or restict the same; to prescribe fire safety

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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 in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares or other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (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

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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; 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 such utilities are distributed, inside and outside the corporate limits of the city and to provide utility services to persons, firms, and corporations inside 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 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 and playgrounds, recreational facilities, cemeteries, markets and markethouses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, 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;

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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 now 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 standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (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 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

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levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (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 any intoxicating liquors, alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (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 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; 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; and to exercise all implied powers necessary to execute all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future

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authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11 . City councilmembers; terms and qualifications for office. The city 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 that person shall have been a resident of the city immediately prior to the date of the election of mayor or councilmember of the city council for a period of time as provided in Code Section 45-2-1 of the Official Code of Georgia Annotated; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. The mayor and councilmembers who were elected in the 1993 general election and who are currently serving as mayor and councilmembers and any person filling a vacancy in any such office shall continue to serve out their respective terms of office in their respective capacities under this charter and shall in all respects be a continuation of the city governing authority under this charter.

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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, including but not limited to attendance at all council meetings and all council work sessions as provided by ordinance. SECTION 2.14 . Holding other office; voting when personally interested. (a) Except as authorized by law, no councilmember nor the mayor shall hold any other city office or city employment during the term for which that person was elected. (b) No councilmember nor the mayor shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is personally interested. SECTION 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. 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.

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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, detention, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18 . Organizational meetings. The city council shall hold an organizational meeting on the second Tuesday of January of each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (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 . 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 councilmembers of the city council. Notice of such special meeting shall be served on all other members of the city council personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to members of the 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 member of the council 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 member of the council'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 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 of 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. SECTION 2.21 Quorum; voting. (a) The mayor or mayor pro tempore and three councilmembers, or four 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 three councilmembers shall be required for the adoption of any ordinance, resolution, or motion, except that in the event a vote by councilmembers on the adoption of any ordinance, resolution, or motion results in a tie vote, the mayor shall vote on the adoption of said ordinance, resolution, or motion. Except as otherwise provided in this charter, the mayor shall not vote on the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of the city council holding office, then the remaining members of the city council 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 members of the council 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 City Council of Arcade hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember or by the mayor and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of

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

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(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 clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Arcade, 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 as soon as practicable following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city 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 shall 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 shall have been a resident of the city immediately preceding the mayor's election for a period of time as provided in Code Section 45-2-1 of the Official Code of Georgia Annotated. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor 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.

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SECTION 2.28 . 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. 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 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 instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council as provided in this charter; (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 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.

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(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 director's department or agency. (e) All directors shall be under the supervision of the mayor and 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. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of a majority of 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 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 in this charter 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 that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall 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 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 chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12 . City attorney. The city attorney shall be nominated by the mayor and confirmed and appointed by the city council. The mayor with the advice and counsel of the city attorney shall appoint 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 the city attorney by virtue of such person's position as city attorney. SECTION 3.13 . Personnel policies. All employees of the city serve at-will and may be discharged from employment at any time unless otherwise provided by ordinance. 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 Arcade. 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.

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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 that person shall have attained the age of 21 years and is a member of the State Bar of Georgia or is serving as a magistrate or state or superior court judge. 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 councilmembers. (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 judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered in the minutes of the city council journal required in 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 offenses within its jurisdiction not exceeding a fine of $1.000.00 or imprisonment for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the [Illegible Text] of operations and shall be entitled to reimbursement of the cost of [Illegible Text], 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 such court and shall have discretionary authority to accept cash or personal or real property as [Illegible Text] for the appearance of persons charged with

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violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's 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 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 [Illegible Text] 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 and executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court Jackson 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

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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 such 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 Official Code of Georgia Annotated, the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.11 . Regular elections; time for holding. On the Tuesday next following the first Monday in November in 1997 and on that day quadrennially thereafter there shall be an election for the mayor and councilmembers. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election. 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 designation. SECTION 5.13 . Election of mayor by majority vote. The mayor shall be elected by a majority vote of the votes cast in the whole city. SECTION 5.14 . Election of councilmembers by plurality vote. Councilmembers shall be elected from the city at large. The five persons receiving the most votes cast for the offices of councilmembers shall be elected to fill the positions for councilmembers. SECTION 5.15 . Special elections; vacancies. In the event that the office of any member of the city council shall become vacant for any cause whatsoever prior to the expiration of the term of such

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office, the remaining members of the city council shall appoint a successor for the remainder of the term of office if less than one year remains in such term; otherwise, they shall appoint a person to serve until a successor is elected and qualified at a special election which shall be called to fill that vacancy. Whenever a special election shall be called, such special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.16 . 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 Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code. SECTION 5.17 . Removal or suspension of officers. The mayor or any councilmember may be removed or suspended from office in the manner provided by Code Sections 45-5-1, 45-5-6.1, and 45-11-4 of the Official Code of Georgia Annotated or by any other manner as provided by 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, 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.

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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 in this 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 this charter. 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 in 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 regulation. Such fees may reflect the total cost to the city of regulating the activity 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 6.14 . 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 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

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services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in 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 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 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 such 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 . 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 also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the Official Code of Georgia Annotated. SECTION 6.24 . Operating budget. On or before a date fixed by the city council but not later than November 30 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.

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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) The city council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to this charter. SECTION 6.26 . Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.27 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.28 . Capital improvements. (a) On or before the date fixed by the city council, but not later than November 30 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

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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 under this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayor's 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 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 as required under 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 and 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 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. 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 general municipal election shall be the Tuesday next following the first Monday in November, 1997, at which the mayor's and all councilmember's positions shall be filled.

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SECTION 7.13 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this city and their rights, privileges, and powers now in force not inconsistent with this charter shall continue in 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. 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. (d) The term councilmember shall mean any person elected or appointed under the provisions of this charter to fill any of the five council positions and who is currently serving in said capacity. (e) The term members of the council shall include the mayor and all councilmembers who are currently serving in said capacities under the provisions of this charter. (f) The term city council or council shall include the mayor and councilmembers who are currently serving in said capacities under the provisions of this charter. SECTION 7.16 . Specific repealer. The Act incorporating the Town of Arcade in the County of Jackson, approved August 17, 1909 (Ga. L. 1909, p. 505), as amended, is repealed in its entirety. SECTION 7.17 . Effective date. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without such approval.

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SECTION 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A All those tracts or parcels of land lying and being in the 242nd GMD and the 245th GMD, Jackson County, Georgia, and being within the corporate boundaries of the City of Arcade, as shown on a plat of survey entitled Composite Plat Of The City Limits Of The City of Arcade, prepared for the City of Arcade by James R. Smith, Georgia Registered Land Surveyor No. 2407, dated January 9, 1995, as recorded in Plat Book 42, Page 212, Jackson County, Georgia, public records, which plat is hereby incorporated herein by reference hereto. NOTICE OF INTENTION TO INTRODUCE A LOCAL BILL Notice is hereby given that a local bill will be introduced at the 1995 General Session of the Georgia General Assembly to provide for a new charter for the City of Arcade and to repeal the old charter for the Town of Arcade approved in 1909 by Ga. Law, 1909, p. 505, and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Stephenson, who, on oath, deposes and says that he is Representative from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Jackson Herald, which is the official organ of Jackson County, on the following date: January 18, 1995. /s/ Tommy Stephenson Representative, 25th District Sworn to and subscribed before me, this 7th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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HARRIS COUNTY PUBLIC IMPROVEMENTS AUTHORITY CREATION. No. 163 (House Bill No. 882). AN ACT To create the Harris County Public Improvements Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority, including the power to acquire, construct, extend, improve, equip, operate, and maintain infrastructure and recreational facilities and improvements, and all systems, plants, works, instrumentalities and properties used or useful in connection therewith, and the power to contract with others, including, but not limited to, Harris County and other agencies, authorities, departments and political subdivisions of the State of Georgia, for the use of such facilities and improvements, and to do all things necessary or convenient for the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of any project; to authorize the issuance of revenue bonds of the Authority payable from the revenues, fees, assessments or other charges made for the provision and maintenance of such facilities and improvements, including any contract payments made to the Authority for the use thereof, and from other moneys pledged therefor, and to authorize the collection and pledging of such revenues, fees, assessments or other charges, including contract payments, if any, for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the Authority and to define the rights of the holders of such obligations; to make the revenue bonds of the Authority exempt from taxation; to fix and provide for the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION 1 . Short Title. This Act shall be known and may be cited as the Harris County Public Improvements Authority Act. SECTION 2 . Harris County Public Improvements Authority Hereby Created. There is hereby created a public body corporate and politic to be known as the Harris County Public Improvements Authority, which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted

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with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. The Authority shall have perpetual existence. SECTION 3 . 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 providing basic infrastructure and recreational facilities, improvements and services to the citizens of Harris County, Georgia, or any Special District created within the boundaries of such County, in order to promote the growth and development of such County and the general welfare of such citizens, and for the general purpose of facilitating an efficient, economic method of planning, delivering and managing such growth and development and the provision of such facilities, improvements and services. SECTION 4 . Appointment of Members; Officers; Quorum. (a) The Authority shall consist of five members who shall be appointed by the Board of Commissioners of Harris County, Georgia. With respect to the initial appointment by the Board of Commissioners of Harris County, Georgia, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made by the Board of Commissioners of Harris County, Georgia for terms of three years and until successors are appointed and qualified. Immediately after such appointments the members of the Authority shall enter upon their duties. To be eligible for appointment as a member of the Authority a person shall be at least 21 years of age, a resident of Harris County, Georgia, for a least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Of the five members of the Authority, two may be Commissioners of Harris County, Georgia. Any member of the Authority may be selected and appointed to succeed himself or herself. (b) The appointing Board of Commissioners of Harris County, Georgia may provide by resolution for (i) compensation for the services of the members of the Authority in such amounts as they may deem appropriate and (ii) procedures and guidelines relating to reimbursement of actual expenses necessarily incurred by such members in the performance of their duties, which resolution may be amended by the Board of Commissioners of Harris County, Georgia from time to time. (c) The members of the Authority shall elect one of their number as Chairperson and another as Vice-Chairperson. The members of the Authority shall also elect a Secretary, who need not be a member of the

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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 and/or Treasurer is not a member of the Authority, such officer shall have no voting rights and shall serve at the pleasure of the Authority until resignation or until a successor is appointed. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (d) Three members of the Authority shall constitute a quorum. No vacancy in the membership of 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 5 . Definitions. As used in this Act, the term: (a) Authority means the Harris County Public Improvements Authority created by this Act. (b) 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 six months after completion of construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the Project; administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate and maintain the Project. (c) Project means any of the following Self-Liquidating infrastructure and recreational facilities and improvements: (i) systems, plants, works, instrumentalities and properties used or useful in connection with: (A) the obtaining of a water supply and the conservation, treatment, distribution, disposal and sale of water for public and private uses, (B) the collection, treatment, and disposal of sewage, waste and storm water, together with all parts of any such system, plant, work, instrumentality and property, and any and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, recreational facilities adjacent to such reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations and equipment, and (C) buying, constructing, extending, operating and maintaining gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided that any Revenue Bonds issued to buy, construct, extend,

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operate, and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting in an election held for the purpose in the county, municipal corporation, Special District or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation, Special District or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation, Special District or political subdivision affected, (ii) parks and other recreational facilities, buildings and properties, and (iii) any undertaking permitted by the Revenue Bond Law. (d) Revenue Bond Law means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A. Section 36-82-60 et seq. , as amended), or any similar law hereinafter enacted. (e) Revenue Bonds means revenue bonds authorized to be issued pursuant to this Act. (f) Self Liquidating means any Project from which the revenues, fees, assessments or other earnings to be derived by the Authority, directly or indirectly, including but not limited to any payments received by the Authority pursuant to a contract with any governmental or private entity relating to any such Project, and all properties used, leased and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining and repairing the Project and to pay the principal and interest on any Revenue Bonds or other obligations which may be issued for the purpose of paying the Costs of the Project. (g) Special District means any special district created by general law or by county or municipal ordinance or resolution pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia, 1983, as the same may hereafter be amended. (h) State means the State of Georgia. SECTION 6 . Powers. The Authority shall have the power: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, maintain, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate

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existence shall continue, and to lease or make contracts with respect to the use or disposal of the same in any manner it deems to be in the best advantage of the Authority and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; (d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To execute contracts, leases, agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation or maintenance of a Project. Any and all persons, firms and corporations, including the State and any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the State, are hereby authorized to enter into contracts, leases, agreements or instruments with the Authority upon such terms and for such purposes as they deem advisable and as they are authorized by law. Without limiting the foregoing, any such contract may be entered into between the Authority and any county or municipality of the State for the provision of facilities and services of the Authority in the county or municipality as a whole or within any Special District duly created within such county or municipality; (f) To acquire, construct, add to, extend, improve, equip, operate and maintain Projects; (g) To pay the Cost of the Project with the proceeds of Revenue Bonds or other obligations issued by the Authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (h) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (i) To accept loans and/or grants of money or materials or property of any kind from the State or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State or such agency or instrumentality or political subdivision may require; (j) To borrow money for any of its corporate purposes and to issue Revenue Bonds and to provide for the payment of the same and for the rights of the holders thereof;

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(k) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness, provided that such power is not in conflict with the Constitution and laws of the State; and (l) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 7 . Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of Revenue Bonds of the Authority for the purpose of paying all or any part of the Cost of the Project and for the purpose of refunding Revenue Bonds or other obligations previously issued. The principal of and interest on such Revenue Bonds shall be payable solely from the special fund hereby provided for such payment. The Revenue 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 to exceed 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of such Revenue Bonds. SECTION 8 . Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the Revenue Bonds and shall fix the denomination or denominations of the Revenue Bonds. The Revenue Bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for registration and exchangeability privileges. The Authority shall fix the place or places of payment of principal and interest thereon, which may be at any bank or trust company within or without the State. SECTION 9 . Same; Signatures; Seal. All such Revenue Bonds shall bear the manual or facsimile signature of the Chairperson or Vice-Chairperson 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 impressed and imprinted thereon. Any coupons attached thereto

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shall bear the manual or facsimile signatures of the Chairperson or Vice-Chairperson and the Secretary, Assistant Secretary, or Secretary-Treasurer of the Authority. Any Revenue Bonds or coupons attached thereto may bear the manual or fascimile signature of such persons as at the actual time of the execution of such Revenue Bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such Revenue Bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any Revenue Bond or any coupon shall cease to be such officer before the delivery of such Revenue Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. SECTION 10 . Same; Negotiability; Exemption from Taxation. All Revenue Bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State unless the same are issued in fully registered form. All Revenue Bonds, their transfer and the income therefrom shall be exempt from all taxation within the State. SECTION 11 . Same; Sale; Price; Proceeds. The Authority may sell Revenue Bonds in such manner and for such price as it may determine to be in the best interest of the Authority. The proceeds derived from the sale of Revenue Bonds shall be used solely for the purpose and/or purposes provided in the resolutions and proceedings authorizing the issuance of such Revenue Bonds. SECTION 12 . Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of any definitive Revenue Bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary Revenue Bonds, with or without coupons, exchangeable for definitive Revenue Bonds upon the issuance of the latter. SECTION 13 . Same; Replacement of Lost or Mutilated Bonds. The Authority may provide for the replacement of any Revenue Bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 14 . Same; Conditions Precedent to Issuance. The Authority shall adopt a resolution authorizing the issuance of the Revenue Bonds. In the resolution, the Authority shall determine that the

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Project financed with the proceeds of the Revenue Bonds is Self-Liquidating. 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. 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 called meeting of the Authority by a majority of its members. SECTION 15 . Credit not Pledged. Revenue Bonds shall not be deemed to constitute a debt of Harris County, Georgia, or of any Special District created therein, nor a pledge of the faith and credit of said County or any such Special District, but such Revenue Bonds shall be payable solely from the fund hereinafter provided for. The issuance of such Revenue Bonds shall not directly, indirectly or contingently obligate Harris County, Georgia or any such Special District created by Harris County, Georgia to levy or to pledge any form of taxation whatever for payment of such Revenue Bonds or to make any appropriation for their payment, and all such Revenue Bonds shall contain a legend on their face reciting substantially the foregoing provision of this section. No holder of any Revenue Bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of Harris County, Georgia or any Special District created by Harris County, Georgia, nor shall any Revenue Bond constitute a charge, lien or encumbrance, legal or equitable, upon any such property. Notwithstanding the foregoing provisions, this Act shall not affect the authorization or ability of the Authority and said County to enter into an intergovernmental contract pursuant to which said County agrees to pay, in consideration for services and facilities provided by the Authority to the County as a whole or to any Special District created therein, amounts sufficient to pay charges, fees and other costs relating to the operation of the Authority and the acquisition, construction, equipping, use and maintenance of any Project, including, without limitation, the principal of and interest on Revenue Bonds. SECTION 16 . Trust Indenture as Security. In the discretion of the Authority, any issuance of Revenue Bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Either the resolution providing for the issuance of the Revenue Bonds or such trust indenture may contain such provisions for the protection and enforcement of the rights and

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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 and construction of the Project financed thereby, the maintenance, operation, repair and insuring of such Project, and the custody, safeguarding and application of all moneys. SECTION 17 . 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 Revenue 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 thereof, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 18 . Sinking Fund. Any revenues, fees, assessments and other charges derived from any particular Project or Projects, including any payments received by the Authority pursuant to any contract with any private or governmental entity as herein provided, regardless of whether or not such revenues, fees, assessments and other charges, or any such payments, were produced by a particular Project for which Revenue 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 Revenue Bonds or the trust instrument may provide, and such funds so pledged from whatever source received 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 such Revenue Bonds as the same shall fall due, whether by maturity, redemption or otherwise, (3) any premium upon such Revenue Bonds as the same shall fall due, (4) the purchase price of such Revenue Bonds, whether purchased in the open market or as permitted or required by the terms of such Revenue Bonds, and (5) the necessary charges of the paying agent for paying the principal of and interest on such Revenue Bonds and for any other necessary and related services of any such paying agent. 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.

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SECTION 19 . Remedies of Bondholders. Any holder of Revenue Bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the Revenue 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 this State, including specifically but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the Authority or any officer thereof, including the fixing, charging and collecting of revenues, fees, assessments and other charges for the use of the facilities, improvements and services furnished. SECTION 20 . Validation. Revenue Bonds and the security therefor shall be confirmed and validated in accordance with the procedures set forth in the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State, and any institution, department, or other agency thereof and any county, municipality, school district, or other political subdivision or authority of the State which has contracted with the Authority for services or facilities relating to the Project for which Revenue Bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such Revenue Bonds. The Revenue Bonds when validated, and the judgment of validation relating thereto, shall be final and conclusive with respect to such Revenue Bonds and the security therefor, including such contract or contracts, and against the Authority and all other defendants. SECTION 21 . 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 Harris County, Georgia, and any action pertaining to validation of any Revenue 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 22 . Interest of Bondholders Protected. While any of the Revenue Bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or its officers,

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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 Revenue 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 Revenue 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 Revenue Bonds, and upon the issuance of such Revenue Bonds under the provisions hereof shall constitute a contract with the holders of such Revenue Bonds. SECTION 23 . 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, assessments and charges, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 24 . Rates, Charges, and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise the same from time to time and to collect revenues, fees, assessments and other charges for the services, facilities, improvements and commodities furnished, and in anticipation of the collection of such revenues, fees, assessments and other charges, to issue Revenue Bonds as herein provided to finance, in whole or in part, the Cost of the Project, and to pledge all or any portion thereof to the punctual payment of said Revenue Bonds and interest thereon. SECTION 25 . Rules, Regulations, Service Policies, and Procedures for Operation of Projects. It shall be the duty of the Authority to prescribe rules, regulations, service policies, and procedures for the operation of any Project or Projects constructed and/or acquired under the provisions of this Act. The Authority may adopt bylaws in connection with the operation of any Project or Projects. SECTION 26 . Tort Immunity. To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as Harris County, Georgia; and the officers, agents and employees of the Authority when in

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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 Harris County, Georgia, have when in the performance of their public duties or work of the County. 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 and not for purposes of private or corporate benefit and income, and such properties and the Authority shall, unless otherwise agreed to by the Authority pursuant to an intergovernmental contract or other similar agreement or instrument, be exempt from all taxes and special assessments of any city or county, or the State or any political subdivision thereof. SECTION 28 . Effect on other Governments. This Act shall not and does not in any way take from Harris County, Georgia, or any municipality located therein or any other county or municipality the authority to own, operate and maintain public infrastructure and recreational facilities and improvements of the nature contemplated by the Act or to issue revenue bonds as provided by 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 . Severability; Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. SECTION 31 . Repeal. All laws and parts of laws in conflict with this Act are hereby repealed.

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SECTION 32 . Effective Date. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it becomes law without the approval of the Governor. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the creation and establishment of the Harris County Public Improvements Authority and for other purposes. This 23rd day of February, 1995. Vance Smith, Jr. Representative, District 102 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vance Smith, Jr., who, on oath, deposes and says that he is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official organ of Harris County, on the following date: February 23, 1995. /s/ Vance Smith, Jr. Representative, 102nd District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 5, 1995. EVANS COUNTY BOARD OF COMMISSIONERS; DISTRICTS; ELECTIONS; TERMS; VACANCIES; CHAIRPERSON. No. 164 (House Bill No. 947). AN ACT To amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved July 22, 1922 (Ga. L. 1922, p. 357), so as to incorporate

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provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six commissioner districts; 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 such district; to provide for inclusions; to provide for the election and terms of the commissioners; to provide that members in office on the effective date of this Act shall complete the terms for which they were elected; to provide for vacancies; to provide for the election and term of the chair 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 for Evans County, approved August 15, 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 in their entirety Sections 1 through 6 and inserting the following: SECTION 1. The Board of Commissioners of Evans County shall consist of six members. The members of the board of commissioners shall be qualified voters of the county and shall reside in the election district from which they are elected. SECTION 2. (a) This Act is intended to incorporate the provisions of the order of the United States District Court for the Southern District of Georgia in Woody, et al. v. Evans County Board of Commissioners, et al. , Civil Action No. CV692-073, which order was entered April 7, 1994. (b) For the purposes of this Act, Evans County shall be divided into six Commissioner districts as follows: COMMISSIONER DISTRICT 1 : Being located in the central portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be where the Canoochee River intersects with County Road No. 147; thence northwesterly to County Road No. 149; thence northeasterly along the east side of County Road No. 149 to the run of a branch; thence along the south side of the run of the branch in a southeasterly direction to the intersection of County Road 138; thence southeasterly along the east side of County Road 138 to U. S. Highway No. 25; thence southwesterly along the west side of U. S. Highway No. 25 to the Canoochee River; thence along the south side of the run of the Canoochee River in an easterly direction to the intersection of

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County Road No. 197; thence in a southerly direction along the west side of County Road No. 197 to the intersection of County Road No. 100; thence in a westerly and southerly direction along the north and west side of County Road No. 100 to the intersection of U. S. Highway No. 280; thence in a westerly direction along the north side of U. S. Highway No. 280 to the home of Iva Branan; thence in a northerly and westerly direction along the north side `Old Savannah Highway' (behind the home of Iva Branan) to behind the Claxton Veterinary Clinic; thence in a southerly direction to the intersection of U. S. Highway 280; thence west along the north side of U. S. Highway 280 to Cedar Street; thence in a northerly direction along the east side of Cedar Street, in the city limits of Claxton, Georgia; thence in a westerly direction along the north side of Cedar Street to a branch; thence along the east side of the run of the branch in a northerly direction to Long Street; thence in a westerly direction along the north side of Long Street to the intersection of Church Street (County Road No. 147); thence in a northerly direction along the east side of Church Street (County Road No. 147) to the Canoochee River and THE POINT OF BEGINNING. COMMISSIONER DISTRICT 2 : Being located in the central portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of Main Street and Church Street in the city limits of Claxton, Georgia; thence in a northerly direction along the west side of Church Street to the intersection of James Street; thence in a westerly direction along the south side of James Street to the intersection of Ralph Street; thence in a northerly direction along the west side of Ralph Street to the northern city limits border of Claxton, Georgia; thence in a westerly direction along the south side of the northern city limits border of Claxton, Georgia to where the Claxton-Hagan city limits intersects; thence in a southeasterly direction along the east side of the Claxton-Hagan city limits to the intersection of Main Street; thence in a westerly direction along the south side of Main Street to Smith Street; thence in a southerly direction along east side of Smith Street to Turnpike Road a/k/a Pine Avenue; thence in a westerly direction along the south side of Turnpike Road to Hodges Street; thence in a northwesterly direction along the west side of Hodges Street to Main Street; thence in a southwesterly direction along the south side of Main Street to the western city limit boundaries of Hagan, Georgia; thence southeasterly along the east side of the western city limit boundaries of Hagan, Georgia to the southern city limit boundaries of Hagan; thence in a northeasterly direction along

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the north side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northwesterly direction along the west side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the north side of the southern city limit boundaries of Claxton to Peters Street; thence in a northerly direction along the west side of Peters Street to Park Drive; thence in an easterly direction along the north side of Park Drive to Anderson Drive; thence in a northerly direction along the west side of Anderson Drive to Main Street; thence in an westerly direction along the south side of Main Street to the intersection of Main Street and Church Street and THE POINT OF BEGINNING. COMMISSIONER DISTRICT 3 : Being located in the northern portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of County Road No. 16 and the western county line of Evans County, Georgia; thence in a northwesterly direction along the west side of the northwest county line of Evans County to the northern county line of Evans County; thence in an easterly and southeasterly direction along the county line of Evans County to the Canoochee River; thence in a westerly and northwesterly direction along the north side of the Canoochee River to U. S. Highway No. 25; thence in a northeasterly direction along the east side of U. S. Highway No. 25 to the intersection of County Road 138; thence in a northwesterly direction along the west side of County Road 138 to the run of a branch; thence in a northwesterly direction along the run of the branch to its intersection with County Road 149; thence southwesterly along the west side of County Road No. 149 to County Road No. 147; thence in a southeasterly direction along the southwesterly side of County Road No. 147 to where Cedar Creek empties into the Canoochee River; thence southerly along the west side of the run of Cedar Creek to State Highway No. 129; thence northwesterly along the north side of State Highway No. 129 to County Road No. 20; thence westerly along the north side of County Road No. 20 to County Road No. 16; thence westerly along the north side of County Road No. 16 to the western county line of Evans County, Georgia, and THE POINT OF BEGINNING. COMMISSIONER DISTRICT 4 : Being located in the southeastern portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of U. S. Highway No. 280 and the center of the eastern county line of

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Evans County; thence southeasterly along the west side of the county line to the southern county line of Evans County; thence in a westerly direction along the north side of the southern county line to the intersection of State Highway No. 250; thence in a northeasterly direction along the east side of State Highway No. 250 to County Road No. 74; thence in a west and northwesterly direction along the northeast side of County Road No. 74 to State Highway No. 129; thence in a northwesterly direction along the east side of State Highway No. 129 to County Road No. 87; thence northwesterly along the north side of County Road No. 87 to County Road No. 58; thence westerly along the north side of County Road No. 58 to the intersection of U.S. Highway 25; thence northerly along the east side of U.S. Highway 25 to County Road No. 59; thence northerly along the east side of County Road No. 59 to the southern city limit boundaries of Claxton, Georgia; thence in a westerly direction along the east side of the southern city limit boundaries to Peters Street; thence northerly along the east side of Peters Street to Park Drive; thence easterly along the east side of Park Drive to Anderson Drive; thence north along the east side of Anderson Drive to Main Street a/k/a U. S. Highway 280; thence easterly along the south side of Main Street to River Street; thence north along the east side of River Street to Long Street; thence east along the south side of Long Street to the run of a branch; thence southerly along the west side of the run of the branch to Cedar Street; thence south on the west side of Cedar Street to U. S. Highway No. 280; thence east along the south side of U. S. Highway No. 280 to the Claxton Veterinary Clinic; thence northwest along the south side of the `Old Savannah Highway' (behind the Claxton Veterinary Clinic) to the home of Iva Branan; thence south to U. S. Highway No. 280; thence easterly along the south side of U. S. Highway No. 280 to County Road No. 100; thence north and east along the east and south side of County Road No. 100 to County Road No. 197; thence in a northerly direction along the east side of County Road No. 197 to the Canoochee River; thence in a southeasterly direction along the south side of the Canoochee River to the southeast county line of Evans County; thence in a southeasterly direction along west side of the county line to the southern county line of Evans County; thence in a westerly direction along the north side of the southern county line to State Highway 250 and THE POINT OF BEGINNING. COMMISSIONER DISTRICT 5 : Being located in the southwestern portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of State Highway No. 250 and the center of the southern county line of

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Evans County, Georgia; thence in a westerly direction along the north side of the southern county line to the southwestern county line of Evans County, thence northerly along the east side of the county line to the intersection of County Road No. 16; thence easterly along the south side of County Road No. 16 to County Road No. 20; thence in a southeasterly direction along the south side of County Road No. 20 to State Highway No. 129; thence in a southeasterly direction along the southwest side State Highway No. 129 to Cedar Creek; thence in a southwesterly direction along the north side of Cedar Creek to County Road No. 188; thence in a southeasterly direction along the west side of County Road No. 188 to the `Old Lyons Club Road'; thence in a southwesterly direction along the northwest side of the `Old Lyons Club Road' to County Road No. 26; thence along the northern side of County Road No. 26 to the northwestern city limit boundaries of Hagan, Georgia; thence along the west side of the northwestern city limit boundaries to the western city limit boundaries of Hagan; thence in a southerly direction along west side of the western city limit boundaries of Hagan to the southern city limit boundaries of Hagan; thence in a northeasterly direction along the south side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northerly direction along the east side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the south side of the southern city limit boundaries to County Road No. 59; thence in a southerly direction along the west side of County Road No. 59 to U.S. Highway 25; thence southerly along U.S. Highway 25 to County Road No. 58; thence in a southeasterly direction along the south side of County Road No. 58 to County Road No. 87; thence in a southeastern direction along the southwest side of County Road No. 87 to State Highway No. 129; thence in a southeastern direction along the west side of State Highway No. 129 to County Road No. 74; thence in a southerly direction along the west side of County Road No. 74 to State Highway No. 250; thence in a southwesterly direction along the west side of State Highway No. 250 to the center of the southern county line of Evans County and THE POINT OF BEGINNING. COMMISSIONER DISTRICT 6 : Being located in the central portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of Main Street and River Street; thence in a northerly direction along the east side of River Street to Long Street; thence in a westerly direction along the south side of Long Street to Church Street;

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thence in a northwesterly direction along the west side Church Street to Cedar Creek; thence in a southwesterly direction along the south side of Cedar Creek to County Road No. 188; thence southerly along the east side of County Road No. 188 to the `Old Lyons Club Road'; thence in a southwesterly direction along the south side of the `Old Lyons Club Road' to County Road No. 26; thence southeasterly along the east side of County Road No. 26 to the east side of the northwestern city limit boundaries of Hagan, Georgia; thence along the east side of the northwestern city limit boundaries of Hagan to U. S. Highway No. 280 a/k/a Main Street; thence in a easterly direction along the north side of Main Street to Hodges Street; thence south along the east side of Hodges Street to Pine Avenue a/k/a Turnpike Road; thence in an easterly direction along the north side of Turnpike Road to Smith Street in Hagan; thence in a northerly direction along the west side of Smith Street to Main Street; thence in an easterly direction along the north side of Main Street of the Claxton-Hagan city limit boundary; thence north along the west side of the Claxton-Hagan city limit boundary to the northwest city limit boundary of Claxton, Georgia; thence in a northeasterly direction along the north side of the northwest city limit boundary of Claxton to the north city limit boundary of Claxton; thence east along the north side of the north city limit boundary of Claxton to Ralph Street; thence south along the east side of Ralph Street to James Street; thence east along the north side of James Street to Church Street; thence south along the east side of Church Street to Main Street; thence east along the north side of Main Street to River Street and THE POINT OF BEGINNING. (c) For purposes of this section: (1) Any part of Evans 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 Evans 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. (3) Where the boundaries of commissioner districts fall on streets, roads, or highways, the boundary lines of the commissioner districts shall follow the centerline of such streets, roads, or highways.

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SECTION 3. (a) The members of the board of commissioners in office on the effective date of this Act shall complete the terms for which they were elected in accordance with the order of the court in Woody, et al. v. Evans County Board of Commissioners, et al. (b) The terms of office of the members elected from Commissioner Districts 2, 4, and 6 shall expire on the Sunday before the first Monday of January in 1997, and when their successors are elected and qualified. Their successors shall be elected in the general election in November, 1996, and shall take office on the first Monday in January, 1997. (c) The terms of office of members elected from Commissioner Districts 1, 3, and 5 shall expire on the Sunday before the first Monday of January in 1999, and when their successors are elected and qualified. Their successors shall be elected in the general election in November, 1998, and shall take office on the first Monday in January, 1999. (d) Thereafter, successors shall be elected in the November general election in the year preceding the expiration of the respective terms of office and shall take office for terms of four years on the first Monday in January immediately following their election. SECTION 4. Each candidate for membership on the board shall be a qualified voter who resides in the district which he or she is seeking to represent. Each member of the board shall be elected by a majority of the qualified voters residing in the district and voting in such election. SECTION 5. (a) A member who moves such member's residence from the district he or she represents shall create a vacancy in office for such district. (b) Vacancies in office shall be filled in accordance with Georgia law. SECTION 6. The members of the board of commissioners shall elect by majority vote one of the members as chair of the board at the first meeting of the board in each year. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia, a bill to provide for the reapportionment

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of the Board of Commissioners of Evans County and the Board of Education of Evans County, and for other purposes. Honorable Terry Barnard GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Barnard, 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 Claxton Enterprise, which is the official organ of Evans County, on the following date: March 2, 1995. /s/ Terry Barnard Representative, 154th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. BIBB COUNTY CIVIL COURT; JURISDICTION. No. 165 (House Bill No. 938). AN ACT To amend an Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3877), so as to change the civil jurisdiction of such court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Civil Court of Bibb County, approved March 3, 1955 (Ga. L. 1955, p. 2552), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3877), is amended by striking in its entirety Section 2 and inserting a new section to read as follows: SECTION 2. Jurisdiction. Be it further enacted by the authority aforesaid, that said Civil Court of Bibb County shall have jurisdiction within the incorporate limits of the

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County of Bibb as aforesaid, concurrent with the superior court to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due or the value of the property in dispute does not exceed $25,000.00 and over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said Civil Court of Bibb County shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this state except that the Civil Court of Bibb County shall have jurisdiction in all suits or causes of action brought under the provisions of Chapter 12 of Title 40 of the Official Code of Georgia Annotated, to try any action against a nonresident defendant upon whom service was perfected by serving the Secretary of State as provided in Chapter 12 in the same manner as where the jurisdiction to try such an action is vested in the courts in said counties having jurisdiction of tort and criminal actions. The Civil Court of Bibb County shall have jurisdiction to try and to determine all suits, warrants, and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to any issues to be tried therein to either the Civil Court of Bibb County, or to the Superior Court of Bibb County, providing the election is stated in the warrant or affidavit at the time the same is issued. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Civil Court of Bibb County, approved March 3, 1995 (Ga. L. 1955, p. 2552) as amended by an Act approved March 12, 1984 (Ga. L. 1984, p. 3877, et seq.) so as to increase the principal amount sworn to or claimed to be due or the value of property in dispute over which the court has jurisdiction from $7,500.00 to $25,000.00, and for other purposes. DAVID E. LUCAS, Representative, 124th 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 127th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 4074

published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: February 11, 1995. /s/ William C. Randall Representative, 127th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CAMDEN COUNTY BOARD OF COMMISSIONERS; CLERK; CHAIRMAN; CHAIRMAN PRO TEMPORE; COUNTY ADMINISTRATOR. No. 166 (House Bill No. 933). AN ACT To amend an Act creating the Board of Commissioners of Camden County, approved February 26, 1941 (Ga. L. 1941, p. 800), as amended, so as to repeal provisions relating to the clerk; to change the provisions relating to the chairman and chairman pro tempore and their right to vote on matters before the board; to change the provisions relating to the county administrator; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Board of Commissioners of Camden County, approved February 26, 1941 (Ga. L. 1941, p. 800), as amended, is amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. The board of commissioners as set out in Section 2 of this Act shall convene at the court house in said county on the first Tuesday of the month after this Act is approved, except when the first Tuesday of January falls on the first day of January, said first meeting of the new year shall then convene on the second day of January. Said board shall have the right and power to hold called meetings at such times as the board may deem necessary. Such called meetings shall be held upon the call of the chairman or by a majority of the members of the board. After taking

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an oath before the judge of the probate court of said county to faithfully discharge their duties as commissioners, the board shall organize by electing one of their number as chairman and by electing another one of their number as chairman pro tempore. They shall also elect a county administrator and a county attorney. The board of commissioners shall hire and enter into a contract of employment with a county administrator; shall fix the salary of such county administrator; shall define the powers and duties of such county administrator and the obligations of the county towards said administrator by specifying such powers, duties, and obligations in the contract entered into by and between the board of commissioners and such county administrator; and may take any other appropriate action with regard to the contractual employment of such administrator which is not prohibited by the laws or Constitution of the State of Georgia. SECTION 2 . Said Act is further amended by striking Section 6 of said Act in its entirety and inserting in lieu thereof a new Section 6 to read as follows: SECTION 6. It shall be the duty of the chairman to preside at all meetings and to sign all warrants on the treasury and all orders of the board on any and all other instruments of writing authorized and directed by the board. In the absence of the chairman of the board from any meeting, either regular or called, the chairman pro tempore shall preside and shall perform all the duties prescribed for the chairman. The chairman, or in his or her absence the chairman pro tempore, shall have the right at all meetings to vote only to make or break a tie on questions before the board and shall not have the right to offer motions on resolutions. The chairman, or in his or her absence the chairman pro tempore, shall perform all the duties and have all the other rights and privileges exercised by any other member of the board. It shall be the duty of the county attorney to give counsel and legal advice to the board of commissioners with reference to county matters and to represent the county in any litigation that may arise where the county is a party. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the

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Board of Commissioners for Camden County, approved February 26, 1941 (Ga. L. 1941, p. 800), as amended; and for other purposes. This 12th day of January, 1995. Charles C. Smith, Jr. Representative, District 175 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charlie Smith, Jr., who, on oath, deposes and says that he is Representative from the 175th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, which is the official organ of Camden County, on the following date: January 18, 1995. /s/ Charlie Smith, Jr. Representative, 175th District Sworn to and subscribed before me, this 1st day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF CLEVELAND CITY ADMINISTRATOR; MAYOR; COUNCIL; POWERS; DUTIES. No. 167 (House Bill No. 918). AN ACT To amend an Act creating a new charter for the City of Cleveland, approved February 25, 1949 (Ga. L. 1949, p. 1024), as amended by an Act approved March 6, 1968 (Ga. L. 1968, p. 2142), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3354), so as to provide for a city administrator; to provide for the manner of the appointment and suspension, removal, compensation, powers, duties, qualifications, and authority of the city administrator; to provide for an acting city administrator; to change the powers and duties of the mayor; to change the powers and authority of the council; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . An Act creating a new charter for the City of Cleveland, approved February 25, 1949 (Ga. L. 1949, p. 1024), as amended by an Act approved March 6, 1968 (Ga. L. 1968, p. 2142), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3354), is amended by striking Sections 6 and 6a, and inserting in lieu thereof new sections to be designated Sections 6, 6a, and 6b to read as follows: SECTION 6. General power and authority of mayor. The mayor shall be the chief executive of the city and it shall be his or her duty to preside over all meetings of the city council and he or she is given full power to preserve order and decorum at such meetings; to see that all officials and officers of the city do faithfully perform all the duties required of them; to see that all the ordinances and laws of the city are properly carried out and executed; and to see that all revenues are promptly collected and accounted for and proper records are kept of all financial transactions of said officers and of the city. The mayor shall exercise general supervision and jurisdiction over the affairs of the city and have authority to call the council in special session as often as he or she deems necessary for the proper conduct of the affairs of the city government. SECTION 6a. General power and authority of council. It shall be the duty of the members of the council to faithfully and diligently discharge such duties as are usual to such office; to attend all regular and special meetings of the council; to faithfully and diligently look after the affairs of the city; and to faithfully and attentively perform such services as they may be required to do on committees and otherwise. In addition to the aforesaid and all other powers conferred on it by law, the council shall have the authority to enter into such contracts and obligations; to adopt such ordinances, resolutions, and rules and regulations not inconsistent with this charter, the Constitution, and the laws of the State of Georgia which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health and welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Cleveland; and may provide the means to enforce such ordinances, resolutions, and rules and regulations by establishing the penalties for violation thereof. SECTION 6b. City administrator; acting city administrator; removal. (a) A city administrator for the City of Cleveland shall be selected and appointed by the mayor and council within a reasonable time after the

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effective date of this section. The city administrator shall be the chief administrative officer of the city. He or she shall be responsible to the mayor and council for the administration of all city affairs placed in his or her charge by and under this charter. (b) The mayor and council shall appoint the city administrator for an indefinite term and shall fix his or her compensation. The city administrator shall be appointed solely on the basis of his or her executive and administrative qualifications and the term and salary may be fixed by the mayor and council without the passage of an ordinance. Before taking office, the city administrator shall furnish a fidelity bond in the amount of $100,000.00, conditioned upon the faithful performance of his or her duties, with a corporation licensed to do business in this state as a surety. Such bond shall be filed with the city clerk after being approved by the mayor and council. (c) The city administrator shall have the following powers and duties: (1) The city administrator shall appoint and, when he or she deems it necessary for the good of the city, supervise, suspend, or remove all city employees and administrative officers so appointed, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter; provided, however, that the mayor and council shall have the sole power and authority to appoint, suspend, or remove the city attorney, city engineer, judge of the city police court, city clerk, fire chief, building inspector, ordinance enforcement officer, and all members of boards, commissions, or authorities which the mayor and council have created or shall create or of which the city is or shall be a member; and provided, further, that the city administrator shall not appoint, suspend, or remove any city government department head without the prior approval of the mayor and council. For the purpose of this section, a department head shall include, but not be limited to, the city clerk, chief of police, city general superintendent, building inspector, ordinance enforcement officer, and fire chief. Any city employee or administrative officer suspended or removed under this paragraph may, within five working days of said suspension or removal, file a written request with the city clerk requesting that the mayor and council review such action. After such written request is filed, the mayor and council may veto any such suspension or removal within 30 days thereof; (2) The city administrator shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by state law; (3) The city administrator shall attend all council meetings and shall have the right to take part in discussion but may not vote; (4) The city administrator shall see that all laws, provisions of this charter, and acts of the mayor and council, subject to enforcement by

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him or her or by officers subject to his or her direction and supervision, are faithfully executed; (5) The city administrator shall prepare and submit the annual operating budget and capital budget to the mayor and council. With prior approval of the mayor and council, he or she shall be authorized to make expenditures and purchases in accordance with the operating budget; (6) The city administrator shall submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) The city administrator shall make such reports as the mayor and council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) The city administrator shall keep the mayor and council fully advised as to the financial condition and future needs of the city and shall make such recommendations to the mayor and council concerning the affairs of the city as he or she deems desirable and as the mayor and council may require; (9) The city administrator shall perform such other duties as are specified in this charter or may be required by the mayor and council; and (10) The city administrator shall propose the salaries and compensation of all employees of the city, except the city attorney, city engineer, judge of the city police court, city clerk, fire chief, building inspector, ordinance enforcement officer, and all members of boards, commissions, or authorities, provided that no proposed raise in salary or compensation of such employee shall become effective until it is approved by the mayor and council at a regular meeting of the mayor and council. (d) During the temporary absence or disability of the city administrator, the mayor and council may revoke such designation of the city administrator at any time and appoint another officer of the city to serve until the city administrator shall return or his or her disability ceases. The mayor and council shall have the power to appoint the mayor to serve as acting city administrator during the temporary absence or disability of the city administrator or during such time as the office of such city administrator shall remain vacant. Should the council so appoint the mayor as acting city administrator, and the mayor so serve, the mayor shall not be entitled to receive the salary of the city administrator. For the purpose of this section, the disability of the city administrator shall include being suspended from his or her duties by the mayor and council. The acting city administrator shall cease exercising the powers and duties of the city administrator upon the appointment of a city

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administrator or upon the revocation of said acting city administrator's appointment by the council. In those instances in which the mayor has been appointed acting city administrator, the mayor shall cease exercising the powers and duties of the city administrator upon the appointment of a city administrator or upon the revocation of said acting city administrator's appointment by the council. The acting city administrator shall take the same oath as the city administrator but need not furnish a fidelity bond. (e) The mayor and council may remove the city administrator from office in accordance with the following procedures: (1) The mayor and 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 administrator from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city administrator; (2) Within five days after a copy of the resolution is delivered to the city administrator, he or she may file with the mayor and 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 mayor and 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 subsection, the mayor and 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 administrator has requested a public hearing, the mayor and council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all members at any time after the public hearing; (4) The city administrator shall continue to receive his or her salary and benefits until the effective date of a final resolution of removal; and (5) The city administrator may be removed from office for cause or without cause. If removed without cause, he or she shall be entitled to receive his or her regular salary and benefits for a period of 30 days from the effective date of the final resolution of removal. SECTION 2 . Said Act is further amended by striking Section 15c and inserting in lieu thereof a new Section 15c to read as follows: SECTION 15c. Voting by mayor; signing of ordinances; duties of clerk. The mayor shall not vote on any question except in case of a tie among the members of the council casting votes. In all cases where an ordinance

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or resolution has been duly adopted by a majority vote of the mayor and council, and in all cases where the mayor and council have by majority vote resolved to enter into a contract or other obligation binding upon the city, it shall be the duty of the mayor and all council members to sign the ordinance, resolution, contract, or obligation thus adopted or resolved; and it shall be the duty of the city clerk to attest to the signatures of the mayor and council members and to affix the city seal thereto. SECTION 3 . Said Act is further amended by striking Section 15e and inserting in lieu thereof a new Section 15e to read as follows: SECTION 15e. Duties of clerk. Be it further enacted that in addition to such duties as may be prescribed by the mayor and council, it shall be the duty of the clerk to attend all meetings of the council, keep a careful and accurate record of its proceedings, carefully collect all revenues due the city except such as the ordinances require to be collected by some other officer, and to faithfully account for the same, furnish to the mayor and council and the city administrator such information as may be requested by any of them, open his or her books at any time to any citizen of the city requesting to see the same, and perform such other duties as may be required of him or her by the mayor and city council. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating a Charter for the City of Cleveland approved February 25, 1949 (Ga. Laws 1949, p. 1024), as amended; so as to provide for the appointment of a City Administrator, to provide for the method of appointment and removal of the City Administrator; to establish the qualifications, powers and duties of the City Administrator; to modify the powers of the Mayor; to provide for all related matters; and for other purposes. This 3rd day of February, 1995. City of Cleveland, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Purcell, who, on oath, deposes and

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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 White County News, which is the official organ of White County, on the following date: February 16, 1995. /s/ Ben Purcell Representative, 9th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. TOWN OF TIGNALL MUNICIPAL COURT; PENALTIES. No. 168 (House Bill No. 856). AN ACT To amend an Act granting a new charter to the Town of Tignall, Wilkes County, Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2147), so as to change the punishment for misdemeanor offenses; to change the punishment for contempt in the municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act granting a new charter to the Town of Tignall, Wilkes County, Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2147), is amended by striking Section 23 of said Act in its entirety and inserting in lieu thereof a new Section 23 to read as follows: SECTION 23. (a) The mayor and council of the Town of Tignall, Georgia, shall have the right to pass and enact all ordinances, resolutions, and rules and regulations necessary for the good government of said municipality, the protection of persons and property, and for the peace, health, good order, and convenience of the citizens of said town and to fix suitable penalties for the violations thereof. They shall be authorized to inflict penalties for the violation of any ordinance or resolution passed by them by fine, imprisonment in the town jail or in the county jail in Wilkes County, or by such alternative sentencing as now or hereafter provided by general law.

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(b) The maximum fine which shall be imposed for violation of an ordinance, resolution, or rule or regulation of the Town of Tignall shall not exceed $1,000.00 and, in the event imprisonment in the town jail or the county jail is imposed, it shall not exceed 180 days. In the event alternative sentencing is imposed it shall not exceed the length of time permitted by general law. (c) In the event of imprisonment in the county jail of Wilkes County, the cost of board of such prisoner and all jail fees shall be borne by the town and paid out of its treasury. SECTION 2 . Said Act is further amended by striking the fifth unnumbered paragraph of Section 25 and inserting in lieu thereof a new unnumbered fifth paragraph to read as follows: The municipal court judge shall have the power to summon witnesses, issue subpoenas for either persons or for the production of papers or records, and shall have the power to punish for disobedience to a subpoena or writ or for any act of contumacy committed in the judge's presence while sitting as a court, as for contempt, with authority to fine the offender or offenders for such contempt in a sum not to exceed $200.00 or ten days in jail. 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 1995 session of the General Assembly of Georgia a bill to amend an Act granting a new charter to the Town of Tignall, Wilkes County, Georgia, approved February 13, 1956, (Ga. L. 1956, p. 2147); and for other purposes. This 13th day of February 1995. Honorable Tom McCall Representative, 90th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the News-Reporter, which is the official organ of Wilkes County, on the following date: February 16, 1995. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. FULTON COUNTY LIBRARY SYSTEM; BOARD OF TRUSTEES. No. 169 (House Bill No. 799). AN ACT To amend an Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), and an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), so as to change the membership and number of members of the library board of trustees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, particularly by an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), and an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within the above-mentioned portions of Fulton County shall hereinafter be vested in the county-wide library system which shall be administered by the library board of trustees. The members of the current library board of trustees in office at the time of the effective date of this section shall remain members of the library board of trustees and shall serve in that capacity for the remainder of their respective terms.

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(b) The mayor of the City of Atlanta or his or her designee shall serve on the library board of trustees in an ex officio capacity. One member of the Atlanta City Council shall be elected by the city council to serve as a regular member on the library board of trustees. The chairperson of the Fulton County Board of Commissioners or his or her designee shall also serve on the library board of trustees in an ex officio capacity; and the board of commissioners shall elect one member from their board to serve as a regular member of the library board of trustees. (c) The Board of Commissioners of Fulton County shall appoint six members of such library board of trustees, and of such membership one member shall be a resident of a municipality from the north Fulton area, one member shall be a resident of a municipality from the south Fulton area, one member shall be a resident from the special tax district of the unincorporated area, and three members shall be residents of the City of Atlanta. The chairperson of the Fulton County Board of Commissioners shall appoint a seventh member, who shall be a resident of any area of Fulton County. (d) The board of trustees shall nominate two persons to fill each of five positions on the board of trustees, and of the two persons so nominated for each position the Board of Commissioners of Fulton County shall appoint one. The nomination and appointment of members under this subsection shall be made such that of these five members at least one shall at all times be a resident of unincorporated south Fulton County. (e) On or before July 1, 1995, the mayor of the City of Atlanta shall appoint one resident of DeKalb County within the City of Atlanta to serve as a member of the library board of trustees. (f) All members of the board of trustees shall serve for terms of four years expiring on June 30 of the final year of the term. (g) Members of the library board of trustees shall be removed for cause or for failure to attend three consecutive meetings pursuant to the bylaws of the library board of trustees. (h) The total membership of the board of trustees shall at all times on and after July 1, 1995, consist of 17 members: four under subsection (b) of this section; seven under subsection (c) of this section; five under subsection (d) of this section; and one under subsection (e) of this section. Successors shall be appointed in the same manner as the members they succeed, so that the total membership of the board will always remain 17 members. Vacancies on the library board of trustees shall be filled in the same manner as initial appointments are made. If a vacancy occurs prior to the expiration of a trustee's term, the person who is appointed to fill that vacancy shall serve for the unexpired term. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174) as amended; and for other purposes. This 3rd day of February, 1995. MICHAEL J. EGAN Senator, 40th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, JoAnn McClinton, 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 Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 10, 1995. /s/ JoAnn McClinton Representative, 68th District Sworn to and subscribed before me, this 17th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. EVANS COUNTY BOARD OF EDUCATION; DISTRICTS; ELECTIONS; CHAIRPERSON; TERMS. No. 170 (House Bill No. 948). 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 incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts; to provide that the member representing each district shall be elected by a majority of the

Page 4087

voters voting in the election who are residents of such district; to provide for inclusions; to provide for at-large election of a chairperson of the board from the entire voting population of the county; to provide for the qualifications, election, and terms of the members and chairperson of the board; to provide that members in office on the effective date of this Act shall complete the terms for which they were elected; 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 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 in its entirety Sections 1 and 2 and inserting in lieu thereof the following: SECTION 1. The Board of Education of Evans County, hereafter referred to in this Act as `the board,' shall consist of six members and a chairperson of the board who shall be elected as provided in this Act. SECTION 2. (a) This Act is intended to incorporate the provisions of the order of the United States District Court for the Southern District of Georgia in Woody, et al. v. Evans County Board of Commissioners, et al. , Civil Action No. CV692-073, which order was entered April 7, 1994. (b) For the purpose of electing the members of the board other than the chairperson, the Evans County School District shall be divided into six education districts as follows: EDUCATION DISTRICT 1 : Being located in the central portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be where the Canoochee River intersects with County Road No. 147; thence northwesterly to County Road No. 149; thence northeasterly along the east side of County Road No. 149 to the run of a branch; thence along the south side of the run of the branch in a southeasterly direction to the intersection of County Road 138; thence southeasterly along the east side of County Road 138 to U. S. Highway No. 25; thence southwesterly along the west side of U. S. Highway No. 25 to the Canoochee River; thence along the south side of the run of the Canoochee River in an easterly direction to the intersection of County Road No. 197; thence in a southerly direction along the west side of County Road No. 197 to the intersection of County Road No. 100; thence in a westerly and southerly direction along

Page 4088

the north and west side of County Road No. 100 to the intersection of U. S. Highway No. 280; thence in a westerly direction along the north side of U. S. Highway No. 280 to the home of Iva Branan; thence in a northerly and westerly direction along the north side `Old Savannah Highway' (behind the home of Iva Branan) to behind the Claxton Veterinary Clinic; thence in a southerly direction to the intersection of U. S. Highway 280; thence west along the north side of U. S. Highway 280 to Cedar Street; thence in a northerly direction along the east side of Cedar Street, in the city limits of Claxton, Georgia; thence in a westerly direction along the north side of Cedar Street to a branch; thence along the east side of the run of the branch in a northerly direction to Long Street; thence in a westerly direction along the north side of Long Street to the intersection of Church Street (County Road No. 147); thence in a northerly direction along the east side of Church Street (County Road No. 147) to the Canoochee River and THE POINT OF BEGINNING. EDUCATION DISTRICT 2 : Being located in the central portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of Main Street and Church Street in the city limits of Claxton, Georgia; thence in a northerly direction along the west side of Church Street to the intersection of James Street; thence in a westerly direction along the south side of James Street to the intersection of Ralph Street; thence in a northerly direction along the west side of Ralph Street to the northern city limits border of Claxton, Georgia; thence in a westerly direction along the south side of the northern city limits border of Claxton, Georgia to where the Claxton-Hagan city limits intersects; thence in a southeasterly direction along the east side of the Claxton-Hagan city limits to the intersection of Main Street; thence in a westerly direction along the south side of Main Street to Smith Street; thence in a southerly direction along east side of Smith Street to Turnpike Road a/k/a Pine Avenue; thence in a westerly direction along the south side of Turnpike Road to Hodges Street; thence in a northwesterly direction along the west side of Hodges Street to Main Street; thence in a southwesterly direction along the south side of Main Street to the western city limit boundaries of Hagan, Georgia; thence southeasterly along the east side of the western city limit boundaries of Hagan, Georgia to the southern city limit boundaries of Hagan; thence in a northeasterly direction along the north side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northwesterly direction along the west side of the eastern city limit

Page 4089

boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the north side of the southern city limit boundaries of Claxton to Peters Street; thence in a northerly direction along the west side of Peters Street to Park Drive; thence in an easterly direction along the north side of Park Drive to Anderson Drive; thence in a northerly direction along the west side of Anderson Drive to Main Street; thence in an westerly direction along the south side of Main Street to the intersection of Main Street and Church Street and THE POINT OF BEGINNING. EDUCATION DISTRICT 3 : Being located in the northern portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of County Road No. 16 and the western county line of Evans County, Georgia; thence in a northwesterly direction along the west side of the northwest county line of Evans County to the northern county line of Evans County; thence in an easterly and southeasterly direction along the county line of Evans County to the Canoochee River; thence in a westerly and northwesterly direction along the north side of the Canoochee River to U. S. Highway No. 25; thence in a northeasterly direction along the east side of U. S. Highway No. 25 to the intersection of County Road 138; thence in a northwesterly direction along the west side of County Road 138 to the run of a branch; thence in a northwesterly direction along the run of the branch to its intersection with County Road 149; thence southwesterly along the west side of County Road No. 149 to County Road No. 147; thence in a southeasterly direction along the southwesterly side of County Road No. 147 to where Cedar Creek empties into the Canoochee River; thence southerly along the west side of the run of Cedar Creek to State Highway No. 129; thence northwesterly along the north side of State Highway No. 129 to County Road No. 20; thence westerly along the north side of County Road No. 20 to County Road No. 16; thence westerly along the north side of County Road No. 16 to the western county line of Evans County, Georgia, and THE POINT OF BEGINNING. EDUCATION DISTRICT 4 : Being located in the southeastern portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of U. S. Highway No. 280 and the center of the eastern county line of Evans County; thence southeasterly along the west side of the county line to the southern county line of Evans County; thence

Page 4090

in a westerly direction along the north side of the southern county line to the intersection of State Highway No. 250; thence in a northeasterly direction along the east side of State Highway No. 250 to County Road No. 74; thence in a west and northwesterly direction along the northeast side of County Road No. 74 to State Highway No. 129; thence in a northwesterly direction along the east side of State Highway No. 129 to County Road No. 87; thence northwesterly along the north side of County Road No. 87 to County Road No. 58; thence westerly along the north side of County Road No. 58 to the intersection of U.S. Highway 25; thence northerly along the east side of U.S. Highway 25 to County Road No. 59; thence northerly along the east side of County Road No. 59 to the southern city limit boundaries of Claxton, Georgia; thence in a westerly direction along the east side of the southern city limit boundaries to Peters Street; thence northerly along the east side of Peters Street to Park Drive; thence easterly along the east side of Park Drive to Anderson Drive; thence north along the east side of Anderson Drive to Main Street a/k/a U. S. Highway 280; thence easterly along the south side of Main Street to River Street; thence north along the east side of River Street to Long Street; thence east along the south side of Long Street to the run of a branch; thence southerly along the west side of the run of the branch to Cedar Street; thence south on the west side of Cedar Street to U. S. Highway No. 280; thence east along the south side of U. S. Highway No. 280 to the Claxton Veterinary Clinic; thence northwest along the south side of the `Old Savannah Highway' (behind the Claxton Veterinary Clinic) to the home of Iva Branan; thence south to U. S. Highway No. 280; thence easterly along the south side of U. S. Highway No. 280 to County Road No. 100; thence north and east along the east and south side of County Road No. 100 to County Road No. 197; thence in a northerly direction along the east side of County Road No. 197 to the Canoochee River; thence in a southeasterly direction along the south side of the Canoochee River to the southeast county line of Evans County; thence in a southeasterly direction along west side of the county line to the southern county line of Evans County; thence in a westerly direction along the north side of the southern county line to State Highway 250 and THE POINT OF BEGINNING. EDUCATION DISTRICT 5 : Being located in the southwestern portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of State Highway No. 250 and the center of the southern county line of Evans County, Georgia; thence in a westerly direction along the

Page 4091

north side of the southern county line to the southwestern county line of Evans County, thence northerly along the east side of the county line to the intersection of County Road No. 16; thence easterly along the south side of County Road No. 16 to County Road No. 20; thence in a southeasterly direction along the south side of County Road No. 20 to State Highway No. 129; thence in a southeasterly direction along the southwest side State Highway No. 129 to Cedar Creek; thence in a southwesterly direction along the north side of Cedar Creek to County Road No. 188; thence in a southeasterly direction along the west side of County Road No. 188 to the `Old Lyons Club Road'; thence in a southwesterly direction along the northwest side of the `Old Lyons Club Road' to County Road No. 26; thence along the northern side of County Road No. 26 to the northwestern city limit boundaries of Hagan, Georgia; thence along the west side of the northwestern city limit boundaries to the western city limit boundaries of Hagan; thence in a southerly direction along west side of the western city limit boundaries of Hagan to the southern city limit boundaries of Hagan; thence in a northeasterly direction along the south side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northerly direction along the east side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the south side of the southern city limit boundaries to County Road No. 59; thence in a southerly direction along the west side of County Road No. 59 to U.S. Highway 25; thence southerly along U.S. Highway 25 to County Road No. 58; thence in a southeasterly direction along the south side of County Road No. 58 to County Road No. 87; thence in a southeastern direction along the southwest side of County Road No. 87 to State Highway No. 129; thence in a southeastern direction along the west side of State Highway No. 129 to County Road No. 74; thence in a southerly direction along the west side of County Road No. 74 to State Highway No. 250; thence in a southwesterly direction along the west side of State Highway No. 250 to the center of the southern county line of Evans County and THE POINT OF BEGINNING. EDUCATION DISTRICT 6 : Being located in the central portion of Evans County, Georgia, and being bounded as follows: THE POINT OF BEGINNING shall be at the intersection of Main Street and River Street; thence in a northerly direction along the east side of River Street to Long Street; thence in a westerly direction along the south side of Long Street to Church Street; thence in a northwesterly direction along the west side Church

Page 4092

Street to Cedar Creek; thence in a southwesterly direction along the south side of Cedar Creek to County Road No. 188; thence southerly along the east side of County Road No. 188 to the `Old Lyons Club Road'; thence in a southwesterly direction along the south side of the `Old Lyons Club Road' to County Road No. 26; thence southeasterly along the east side of County Road No. 26 to the east side of the northwestern city limit boundaries of Hagan, Georgia; thence along the east side of the northwestern city limit boundaries of Hagan to U. S. Highway No. 280 a/k/a Main Street; thence in a easterly direction along the north side of Main Street to Hodges Street; thence south along the east side of Hodges Street to Pine Avenue a/k/a Turnpike Road; thence in an easterly direction along the north side of Turnpike Road to Smith Street in Hagan; thence in a northerly direction along the west side of Smith Street to Main Street; thence in an easterly direction along the north side of Main Street of the Claxton-Hagan city limit boundary; thence north along the west side of the Claxton-Hagan city limit boundary to the northwest city limit boundary of Claxton, Georgia; thence in a northeasterly direction along the north side of the northwest city limit boundary of Claxton to the north city limit boundary of Claxton; thence east along the north side of the north city limit boundary of Claxton to Ralph Street; thence south along the east side of Ralph Street to James Street; thence east along the north side of James Street to Church Street; thence south along the east side of Church Street to Main Street; thence east along the north side of Main Street to River Street and THE POINT OF BEGINNING. (c) For purposes of this section: (1) Any part of the Evans 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 (2) Any part of the Evans 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. (3) Where the boundaries of education districts fall on streets, roads, or highways, the boundary lines of the education districts shall follow the centerline of such streets, roads, or highways.

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SECTION 2 . Said Act is further amended by striking in their entirety Sections 3 and 4 and inserting in lieu thereof the following: SECTION 3. (a) The members of the board of education in office on the effective date of this Act shall complete the terms for which they were elected in accordance with the order of the court in Woody, et al. v. Evans County Board of Commissioners, et al. (b) The terms of office of the members elected from Education Districts 2, 4, and 6 shall expire on the Sunday before the first Monday of January in 1997 and when their successors are elected and qualified. Their successors shall be elected in the general election in November, 1996, and shall take office on the first Monday in January, 1997. (c) The terms of office of the chairperson of the board and members elected from Education Districts 1, 3, and 5 shall expire on the Sunday before the first Monday of January in 1999 and when their successors are elected and qualified. Their successors shall be elected in the general election in November, 1998, and shall take office on the first Monday in January, 1999. (d) Thereafter, successors shall be elected in the November general election in the year preceding the expiration of the respective terms of office and shall take office for terms of four years on the first Monday in January immediately following their election. SECTION 4. (a) All members of the board shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Evans County for at least one year immediately preceding the date of their election. (b) The chairperson of the board may reside anywhere within the Evans County School District and shall be elected by a majority of the voters voting on an at-large basis. (c) One member shall be elected from each of the six education districts provided for in Section 2 of this Act. In addition to the residency requirement of subsection (a) of this section, a member elected from an education district shall have been a resident of that district for at least six months immediately preceding the date of election and must remain a resident of such district during his or her term of office. If a member representing an education district ceases to be a resident of that district during a term of office, that member's position on the board shall become vacant. A member representing an education district shall be elected by a majority of the voters voting within that education district.

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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 1995 session of the General Assembly of Georgia, a bill to provide for the reapportionment of the Board of Commissioners of Evans County and the Board of Education of Evans County, and for other purposes. Honorable Terry Barnard GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Barnard, 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 Claxton Enterprise, which is the official organ of Evans County, on the following date: March 2, 1995. /s/ Terry Barnard Representative, 154th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. BALDWIN COUNTY HOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUMS. No. 171 (House Bill No. 1018). AN ACT To provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Page 4095

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 SECTION 1 . For purposes of this part, the term: (1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes 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 Baldwin County is granted an exemption on that person's homestead from all Baldwin County ad valorem taxes for county purposes the following amounts: (1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3 . The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part 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

Page 4096

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 part to notify the tax commissioner of Baldwin 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 part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. SECTION 6 . The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes. SECTION 7 . The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997. SECTION 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words: () YES () NO Shall Part 1 of an Act be approved which provides for a homestead exemption of Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period? All persons desiring to vote for approval of this part 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 this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years

Page 4097

beginning on or after January 1, 1996. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 2 SECTION 9 . 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 Baldwin 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. but only includes 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 10 . Each resident of the Baldwin County school district is granted an exemption on that person's homestead from all Baldwin County school district ad valorem taxes for educational purposes in the following amounts: (1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 11 . The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall

Page 4098

require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 12 . 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 part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 13 . The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. SECTION 14 . The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County school district ad valorem taxes for educational purposes. SECTION 15 . The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997. SECTION 16 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Baldwin County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1997, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

Page 4099

() YES () NO Shall Part 2 of an Act be approved which provides for a homestead exemption of Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period? All persons desiring to vote for approval of this part 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 this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 3 SECTION 17 . Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 18 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and for educational purposes for certain homesteads that are leased to certain residents of that county and for other purposes. This 6 day of February, 1995. /s/ Bobby E. Parham GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Parham, who, on oath, deposes

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and says that he is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union Recorder, which is the official organ of Baldwin County, on the following date: February 10, 1995. /s/ Bobby E. Parham Representative, 122nd District Sworn to and subscribed before me, this 9th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. TROUP COUNTY BOARD OF EDUCATION; TERMS. No. 172 (House Bill No. 482). 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, particularly by an Act approved January 15, 1993 (Ga. L. 1993, p. 3601), so as to provide for legislative intent; to change the length of the terms of members of the board of education; to provide for submission; to provide for repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . It is the intent of this Act to change the terms of future members of the board of education of Troup County from six years to four years and to establish a staggered election schedule for the members of the board of education of Troup County whereby four members of the board are elected in the year 2004 and every four years thereafter, and three members of the board are elected in the year 2006 and every four years thereafter. SECTION 2 . An Act providing a board of education of Troup County, approved January 22, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved January 15, 1993 (Ga. L. 1993, p. 3601), is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows:

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SECTION 4. (a) The members of the board who elected in 1994 to represent Education Districts 5 and 6 shall continue to serve until the expiration of their terms of office of six years and until the election and qualification of their successors. Successors to such members shall be elected as provided in subsection (e) of this section. (b) The members of the board who were elected in 1990 to represent Education Districts 2 and 3 shall continue to serve until the expiration of their terms office of six years and until the election and qualification of their successors. Successors to such members shall be elected as provided in subsection (e) of this section. (c) The members of the board who were elected in 1992 to represent Education Districts 1 and 4 shall continue to serve until the expiration of their terms of office of six years and until the election and qualification of their successors. Successors to such members shall be elected as provided in subsection (e) of this section. (d) The first member of the board representing Education District 7, who was elected at a special election in 1993, shall continue to serve an initial term of office which shall expire on December 31, 1996, and until the election and qualification of a successor as provided in this subsection. A successor to such member shall be elected at the state-wide general election immediately preceding the expiration of the term of office, shall take office on the first day of January immediately following election, and shall serve for a term of office to expire on December 31, 2002. Future successors to such member shall be elected for four year terms of office as provided in subsection (e) of this section. (e) Successors to the members of the board provided in subsections (a) through (d) of this section and all future successors to members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A. 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 Troup County to submit this Act to the United States Attorney General for 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 1995 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, as amended by an Act approved March 3, 1986 and designated as Act 794 of the regular 1986 session of the General Assembly, as amended by an Act approved March 19, 1987 and designated as Act 218 of the regular 1987 session of the General Assembly and as amended by an Act approved April 6, 1992 and designated as Act 798 of the regular session of the General Assembly as amended by an Act approved April 6, 1992 and designated as Act 798 of the regular session of the General Assembly as amended by an Act approved January 15, 1993 and designated as Act 12 of the regular session of the General Assembly, as amended by an Act approved January 25, 1994 and designated as Act 617 of the regular session of the General Assembly so as to define the terms of office of the members of Troup County Board of Education and other matters relative thereto; and for other purposes. This 11th day of January, 1995. Carl V. Epps Representative, 131st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Von Epps, 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 LaGrange Daily News, which is the official organ of Troup County, on the following date: January 13, 1995. /s/ Carl Von Epps Representative, 131st District Sworn to and subscribed before me, this 27th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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CITY OF MONROE TELECOMMUNICATIONS SERVICES; COMMUNITY ANTENNA TELEVISION SERVICES. No. 173 (House Bill No. 761). AN ACT To amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to authorize the City of Monroe to provide for telecommunications services both inside and outside the corporate limits of the city subject to certain laws; to authorize the Water, Light, and Gas Commission to provide for a community antenna television services system and a telecommunications services system subject to certain laws; to provide for the powers of such commission with respect to the rates, standards, and operation of such systems; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by adding at the end of Section 1.03 a new paragraph (y) to read as follows: (y) To acquire, construct, operate, distribute, sell, and dispose of telecommunications services, both inside and outside the corporate limits of Monroe, subject to the provisions of applicable general laws of this state. SECTION 2 . Said Act is further amended by adding at the end of Article VI following Section 6.12 a new Section 6.13 to read as follows: SECTION 6.13. Water, Light, and Gas Commission-Power and Authority for Community Antenna Television Services and Telecommunications Services. Be it further enacted that, the Water, Light, and Gas Commission is hereby authorized and empowered to acquire, hold, build, extend, equip, maintain, and operate a community antenna television services system and telecommunications services system as are deemed wise and necessary by the Water, Light, and Gas Commission and limited only by general law of the State of Georgia and the Constitution of the State of Georgia. The commission may prescribe the rates, affairs, regulations and standards, and conditions of the service applicable to the service to be provided, insofar as not in conflict with any rules and regulations enacted by the Public Service Commission; and may exercise such powers as are necessary to operate said systems, both within and without

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the corporate limits of the City of Monroe; and may contract to furnish any of the services to said systems to consumers both inside and outside the corporate limits of the City of Monroe. 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 1995 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. This 31st day of January, 1995. Honorable Len Walker Representative, 87th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, 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 Walton Tribune, which is the official organ of Walton County, on the following date: February 8, 1995. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 15th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. SUMTER COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 174 (House Bill No. 442). AN ACT To amend an Act entitled 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. 225),

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as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4056), so as to change the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13, 1871 (Ga. L. 1871, p. 225), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4056), is amended by inserting at the end of Section 1 the following: (d) The chairperson shall be paid a salary of $500.00 per month and each member shall be paid a salary of $400.00 per month, such amounts to be paid in monthly installments from the funds of Sumter County. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Notice of intention to introduce Local Legislation Notice is hereby given that pursuant to a request of the Sumter County Board of Commissioners, there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill regarding compensation of the Sumter County Board of Commissioners, and for other purposes. This 19 day of January 1995. Board of Commissioners of Sumter County, Georgia 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 137th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder, which is the official organ of Sumter County, on the following date: January 20, 1995. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 26th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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DEKALB COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 175 (House Bill No. 969). AN ACT To amend an Act making provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended by an Act approved March 15, 1988 (Ga. L. 1988, p. 4099), so as to change the provisions relating to the compensation of the chief magistrate; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act making provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended by an Act approved March 15, 1988 (Ga. L. 1988, p. 4099), is amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chief magistrate shall receive an annual salary equal to 75 percent of the total of: (1) The annual salary received by a superior court judge from state funds; (2) The annual amount of any supplement paid to a judge of the superior courts of the Stone Mountain Judicial Circuit as a county supplement to the state salary; and (3) Any increases in such annual salary or county supplement, or both, enacted or paid to such judges of the superior courts on or after January 1, 1995. Such salary shall be paid in equal monthly installments from the funds of DeKalb County. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. 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 1995 session of the General Assembly of Georgia a bill to amend an Act making

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provisions for the Magistrate Court of DeKalb County, approved March 28, 1985 (Ga. L. 1985, p. 4819), as amended by an Act approved March 15, 1988 (Ga. L. 1988, p. 4099); and for other purposes. This 14th day of February, 1995. Representative Barbara J. Mobley 69th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara J. Mobley, who, on oath, deposes and says that she is Representative from the 69th 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 23, 1995. /s/ Barbara J. Mobley Representative, 69th District Sworn to and subscribed before me, this 2nd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF BUCHANAN CORPORATE LIMITS. No. 176 (House Bill No. 1039). AN ACT To amend an Act providing a new charter for the City of Buchanan, approved August 17, 1908 (Ga. Laws 1908, p. 468), as amended, so as to annex certain territory into the city and change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Buchanan, approved August 17, 1908 (Ga. Laws 1908, p. 468), as amended, is amended by adding after Section 3A a new Section 3B to read as follows:

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SECTION 3B. In addition to all other territory included in the corporate limits of the City of Buchanan, the following described property shall also be within and a part of the corporate limits of the City of Buchanan: `All of the right of way of State Highway 1/U.S. Highway 27 (the Buchanan Bypass) from the south side of said Bypass's intersection on the south side of the City of Buchanan with State Highway 1 Business/U.S. Highway 27 Business (Hilltop Drive) to the north side of said Bypass's intersection on the north side of the City of Buchanan with State Highway 1 Business/U.S. Highway 27 Business (Tallapoosa East Church Road).' It is the intent of this section to annex into the City of Buchanan all of the right of way of the public highway commonly known as the Buchanan Bypass. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Buchanan, approved August 17, 1908 (Ga. Laws 1908, p. 468), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. This 2nd day of March, 1995. s/Donald Rainey Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes

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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: March 6, 1995. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Lounell R. Jones Notary Public, Newton County, Georgia My Commission Expires April 4, 1998 (SEAL) Approved April 5, 1995. BACON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 177 (House Bill No. 1022). AN ACT To amend an Act entitled An Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), so as to change the compensation of the chairperson and members of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following: SECTION 5. Compensation. The compensation of the chairperson of the board shall be not less than the average of the compensation of the constitutional officers of Bacon

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County nor more than the highest salary of any such officer and the compensation of each of the other members of said board shall be not more than 27 percent of the average of the compensation of the constitutional officers of Bacon County, the exact amount to be determined by the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County; provided, however, that the amount of such compensation shall not be decreased if the average compensation of such constitutional officers decreases. Such amounts shall be the entire compensation of the chairperson and members of the board of commissioners. The chairperson shall be entitled to receive the health care coverage provided to county employees. The chairperson and the other members of the board shall be entitled to reimbursement from the county for actual expenses incurred by them while engaged in county business; provided, further, that in addition to travel and actual expenses, the board shall authorize a per diem allowance, not to exceed in amount the per diem allowance provided for members of the General Assembly, to any board member when such board member travels outside the county in the pursuance of county business; provided, further, that either before or after such travel, the payment of such amount shall be subject to approval by the chairperson; and provided, further, that the board may provide by majority for a different method of approval. As used in this section, the term `constitutional officers' means the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to revise and enact the law creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. 1991, p. 4436), as amended; and for other purposes. This 16th day of February, 1995. Representative Tommy Smith 169th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 169th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Alma Times-Statesman, which is the official organ of Bacon County, on the following date: February 23, 1995. /s/ Tommy Smith Representative, 169th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. MONROE COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 178 (House Bill No. 1052). AN ACT To amend an Act entitled An Act creating the board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3629), so as to change the amount of compensation of the chairperson and members of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act creating the board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3629), is amended by striking in their entirety the last two sentences of Section 6 and inserting in lieu thereof the following: The chairperson of the board of commissioners shall be compensated in the amount of $400.00 per month to be paid from the funds of Monroe County. The other members of the board of commissioners shall be compensated in the amount of $350.00 per month, to be paid from the funds of Monroe County. SECTION 2 . 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 1995 session of the General Assembly of Georgia a bill to repeal an Act entitled An Act creating a board of commissioners for Monroe County, approved August 19, 1907, as amended; and for other purposes. This 21st day of February, 1995. /s/ Curtis S. Jenkins Representative, 110th 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 110th 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 22, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF BLAIRSVILLE CORPORATE LIMITS; DEANNEXATION. No. 179 (House Bill No. 1029). AN ACT To amend an Act reincorporating the City of Blairsville in the County of Union, approved March 28, 1984 (Ga. L. 1984, p. 4967), as amended, so as to deannex certain property; to provide for new corporate limits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act reincorporating the City of Blairsville in the County of Union, approved March 28, 1984 (Ga. L. 1984, p. 4967), as amended, is amended

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by striking subsection (b) of Section 1.10 and inserting in lieu thereof the following: (b)(1) The property herein described shall be deannexed from the corporate limits of the City of Blairsville as follows: BEGINNING at the rock with `X' in top painted red located on the common corner of Land Lots 305, 306, 307, and 308; running thence North 0420[prime]50[Prime] West 1491.78 feet to an iron pin found (3/4[Prime] open top pipe); thence North 0729[prime]13[Prime] West 145.09 feet to an iron pin set (1/2[Prime] rebar); thence North 0729[prime]13[Prime] West 339.50 feet to an iron pin found (1/2[Prime] open top pipe); thence North 1007[prime]53[Prime] West 218.67 feet to an iron pin found (3/4[Prime] open top pipe); thence North 3255[prime]40[Prime] West 44.43 feet to a point; thence North 7248[prime]46[Prime] East 170.00 feet to a point; thence North 1741[prime]14[Prime] West 6.42 feet to an iron pin found (1/2[Prime] rebar); thence North 1741[prime]14[Prime] West 393.58 feet to a point; thence North 0609[prime]28[Prime] East 21.78 feet to an iron pin found (1/2[Prime] open top pipe); thence South 8556[prime]08[Prime] East 1921.20 feet to an iron pin found (1/2[Prime] rebar); thence North 0408[prime]28[Prime] East 1336.25 feet to an iron pin found (1/2[Prime] rebar) at a dead tree; thence South 5307[prime]23[Prime] East 1282.53 feet to an iron pin (1/2[Prime] open top pipe) at center line of ridge; thence South 0557[prime]13[Prime] West 1136.04 feet to a point marked as U.S.F.S. Corner Tract C-1147; thence South 0448[prime]39[Prime] West 554.60 feet to an iron pin set (1/2[Prime] rebar); thence South 0448[prime]39[Prime] West 1633.36 feet to a rock found at the U.S.F.S. corner and the corner common to Land Lots 306, 289, 290, and 307; thence North 8518[prime]09[Prime] West 985.00 feet to a U.S.F.S. aluminum monument; thence North 8516[prime]14[Prime] West 1565.48 feet to the rock with `X' in top painted red located at the true POINT OF BEGINNING. The above-described property is located in Land Lots 305, 306, and 271 of the 9th District, 1st Section of Union County, Georgia. (2) The new corporate limits of the City of Blairsville shall be as follows: BEGINNING at a point South 8525[prime] East 2640 feet from the center of the Square located in the City of Blairsville, Georgia, being the square upon which the former Union County Courthouse is located (said Square being elliptical in shape); thence South 8859[prime]07[Prime] East 211.16 feet to a concrete monument at a fence corner; thence seven courses and distances Easterly along a fence line as follows: South 8437[prime]23[Prime] East 206.05 feet, South 8430[prime]11[Prime] East 213.37 feet, South 8544[prime]02[Prime] East 488.78 feet, South 7902[prime]20[Prime] East 185.29 feet, South 8710[prime] East 280.0 feet, North 8845[prime] East 170.0 feet, and North 8030[prime] East 182.0 feet to a 36-inch White Oak Tree; thence North 1000[prime] West 692.0 feet; thence North 8555[prime] East 339 feet; thence South 8310[prime] East 183.0 feet; thence South 6845[prime] East 235.0 feet;

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thence South 4700[prime] East 116.0 feet; thence South 2430[prime] East 280.0 feet; thence South 5300[prime] East 248.0 feet; thence South 7230[prime] East 158.0 feet; thence South 7730[prime] East 240.0 feet; thence South 7030[prime] East 155.0 feet; thence South 7030[prime] East 155.0 feet to an iron pin found (IPF) on the South side of ridge; said IPF being the Northwestern corner of `The Mountain Phase III;' thence continuing along the Northwestern boundary of The Mountain Phase III South 0408[prime]28[Prime] West 1336.25 feet to an IPF (1/2[Prime] rebar); thence North 8556[prime]08[Prime] West 1921.2 feet to an IPF (1/2[Prime] open top pipe (OTP)); thence South 0609[prime]28[Prime] West 21.78 feet to a point; thence leaving The Mountain Phase III South 6438[prime] West 141.0 feet; thence South 6438[prime] West 141.0 feet; thence South 0246[prime]02[Prime] East 300.43 feet to an iron pin; thence North 7748[prime]15[Prime] West 64.83 feet to an iron pin; thence North 5635[prime]23[Prime] West 212.12 feet (arc equals 212.22 feet); thence North 4721[prime]31[Prime] West 70.52 (arc equals 70.70 feet); thence North 6019[prime]19[Prime] West 171.84 feet (arc equals 173.16 feet); thence North 7845[prime]06[Prime] West 120.56 feet (arc equals 120.69 feet) to an iron pin; thence North 0019[prime]05[Prime] East 23.54 feet to an iron pin; thence South 4258[prime]05[Prime] West 71.00 feet to an iron pin; thence South 7736[prime]05[Prime] West 100.00 feet; thence South 6016[prime]05[Prime] West 28.0 feet; thence South 3030[prime]54[Prime] West 59.87 feet to an axle embedded in the ground; thence South 0649[prime]25[Prime] East 2.28 feet to a point on the North right-of-way line of Shoe Factory Road; thence 3 courses and distances Southwesterly along the North right-of-way line of Shoe Factory Road (which is also known as Union County Road No. 11) as follows: South 8146[prime]07[Prime] West 31.26 feet (arc equals 31.26 feet) to an iron pin; South 6900[prime]28[Prime] West 208.97 feet (arc equals 210.50 feet); and South 6113[prime]08[Prime] West 106.83 feet (arc equals 106.83 feet); thence leaving the North right-of-way line of Shoe Factory Road and going North 1142[prime]09[Prime] East 143.91 feet to an iron pin; thence North 8338[prime]14[Prime] West 55.10 feet to an iron pin; thence twelve (12) courses and distances each to an iron pin as follows: North 0451[prime]17[Prime] East 106.00 feet, North 0439[prime]55[Prime] West 106.00 feet; North 0347[prime]24[Prime] West 103.74 feet, North 0804[prime]47[Prime] East 99.34 feet, North 0933[prime]55[Prime] East 101.95 feet, North 0444[prime]12[Prime] East 104.93 feet; North 0734[prime]01[Prime] West 111.51 feet, North 2942[prime]59[Prime] West 107.83 feet, North 3224[prime]14[Prime] West 97.06 feet, North 2537[prime]22[Prime] West 97.48 feet, North 2753[prime]57[Prime] West 107.66 feet, and South 5520[prime]29[Prime] West 126.0 feet to an iron pin on the East right-of-way line of Mountain View Drive (which is also known as Union County Road No. 269); thence North 1917[prime]36[Prime] West 28.9 feet to a point which is South 7049[prime] East 2640.0 feet from the center of the former Union County Courthouse Square; thence Southerly, Northerly and Southerly circumferentially at a distance of 2640.0 feet from the center of the former Union County Courthouse Square in the City of Blairsville, Georgia, at a radius of 2640.0 feet (one-half mile) from the center of said Square to the POINT OF BEGINNING.

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The above-described property is located in Land Lots 267, 268, 269, 271, 272, 273, 274, 303, 304, 305, and 306 of the 9th District, 1st Section of Union County, Georgia. The following abbreviations were used in the above descriptions: [prime]-Minutes, and [Prime]-Seconds. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Blairsville, as set forth in an Act reincorporating the City Blairsville and creating a new charter for said city, approved March 28, 1984 (Ga. L. 1984, p. 4987), as amended; and for other purposes. This 17th day of February, 1995. Honorable Charles Allison Mayor, City of Blairsville 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 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News, which is the official organ of Union County, on the following date: February 22, 1995. /s/ Ralph Twiggs Representative, 8th District Sworn to and subscribed before me, this 9th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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MONROE COUNTY BOARD OF COMMISSIONERS; COUNTY LANDFILL; WASTE. No. 180 (House Bill No. 1038). AN ACT To amend an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to provide certain restrictions on the transfer of ownership or operation of a certain county landfill; to provide certain restrictions on the acceptance of waste generated out of the county; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a board of commissioners of roads and revenues for the County of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, is amended by inserting immediately following Section 7 a new section to read as follows: SECTION 7A. (a) Any other provision of law to the contrary notwithstanding, the governing authority of Monroe County shall not transfer ownership or operation of the Strickland Loop Landfill to any private party unless such action is ratified by a majority of the electors of Monroe County voting on the question. (b) Any other provision of law to the contrary notwithstanding, the governing authority of Monroe County shall not authorize the acceptance of any waste generated out of the county to be deposited into the Strickland Loop Landfill unless such action is ratified by a majority of the electors of Monroe County voting on the question. 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 1995 session of the General Assembly of Georgia a bill to repeal an Act entitled An Act creating a board of commissioners for Monroe County, approved August 19, 1907, as amended; and for other purposes. This 21st day of February, 1995. /s/ Curtis S. Jenkins Representative, 110th District
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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 110th 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 22, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 13th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. FORSYTH COUNTY BOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 181 (House Bill No. 1041). AN ACT To amend an Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4817), so as to change the provisions relating to the expense allowance of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Board of Commissioners of Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4817), is amended by striking subsection (b) of Section 7 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The chairman and each member of the board shall receive the sum of $59.00 as an expense allowance for each day's actual attendance at a meeting of the board or any meeting of any other governmental or public board, council, committee, authority, or commission at which said member is representing the Board of Commissioners of Forsyth County

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or a political subdivision of Forsyth County, but shall receive the same for not more than ten days per month. Said expense allowance shall be payable out of the funds of Forsyth County. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill 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; and for other purposes. This 8th day of March, 1995. Senator Clinton M. Day, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike A. Evans, who, on oath, deposes and says that he is Representative from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News, which is the official organ of Forsyth County, on the following date: March 8, 1995. /s/ Mike A. Evans Representative, 28th District Sworn to and subscribed before me, this 10th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CHATHAM COUNTY CLERK OF SUPERIOR COURT; JUDGE OF THE PROBATE COURT; JUDGE OF THE STATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; COMPENSATION. No. 182 (House Bill No. 997). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as

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amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4314), by an Act approved April 28, 1993 (Ga. L. 1993, p. 5337), by an Act approved April 28, 1993 (Ga. L. 1993, p. 5340), and by an Act approved March 24, 1994 (Ga. L. 1994, p. 3749), so as to change the compensation of certain officials; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4314), by an Act approved April 28, 1993 (Ga. L. 1993, p. 5337), by an Act approved April 28, 1993 (Ga. L. 1993, p. 5340), and by an Act approved March 24, 1994 (Ga. L. 1994, p. 3749), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissionet $ 53,000.00 per annum Sheriff 54,000.00 per annum Clerk of superior court 50,000.00 per annum Clerk of the state court 33,000.00 per annum Judge of the recorder's court 59,500.00 per annum Judge of the probate court 62,000.00 per annum Judge of the juvenile court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Judge of the state court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court

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Chief magistrate of the magistrate court 63,000.00 per annum Magistrate of the magistrate court 47,900.00 per annum Coroner 8,200.00 per annum (b) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as cost-of-living increases to employees of Chatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that the provision relative to the clerk of the probate court shall become effective July 1, 1995, and the provision relative to the salary of the judge of the probate court shall become effective January 1, 1996. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, particularly by an Act approved April 28, 1993 (Ga. L. 1993, P. 5340), and an Act approved March 24, 1994 (Ga. L. 1994, p. 3749); and for other purposes. This 19th day of January, 1995. Tom Bordeaux Representative 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas C. Bordeaux, Jr., 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 Savannah Morning News/Savannah Evening Press, which

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is the official organ of Chatham County, on the following date: January 24, 1995. /s/ Thomas C. Bordeaux, Jr. Representative, 151st District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. COBB COUNTY-MARIETTA WATER AUTHORITY MEMBERSHIP; TERMS. No. 183 (Senate Bill No. 328). AN ACT To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), an Act approved March 13, 1990 (Ga. L. 1990, p. 3780), and an Act approved March 29, 1994 (Ga. L. 1994, p. 4262), so as to change the membership of the authority; to change the appointment and terms of office of certain of the members of the 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 . An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), an Act approved March 13, 1990 (Ga. L. 1990, p. 3780), and an Act approved March 29, 1994 (Ga. L. 1994, p. 4262), is amended by striking subsections (b) and (c) of Section 2 thereof in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) The authority shall consist of seven members who shall be determined and selected as follows: (1) One member shall be the chairman of the Board of Commissioners of Cobb County, Georgia;

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(2) One member shall be selected by the governing authority of the City of Marietta, Georgia, and the member so selected may be a member of the governing authority of the City of Marietta; (3) Four members shall be selected by a caucus consisting of all members of the General Assembly whose districts are wholly or partially within Cobb County. The four members so selected by the caucus must be residents of the unincorporated area of Cobb County; and (4) One member shall be selected by the governing authority of the City of Acworth, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 4; by the governing authority of the City of Austell, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 8; by the governing authority of the City of Kennesaw, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 2; by the governing authority of the City of Powder Springs, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 6; and by the governing authority of the City of Smyrna, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 0. (c) The term of office of the chairman of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with the term of office as chairman of the board of commissioners. The two members of the authority appointed by the governing authorities of Marietta and the other appropriate municipality and serving on the effective date of this subsection shall serve until August 14, 1996, and until their successors are appointed and qualified. The four members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of this subsection shall serve until August 14, 1998, and until their successors are appointed and qualified. Thereafter, all members of the authority other than the Cobb County commissioner shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 4970), as amended; and for other purposes.

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This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson, who, on oath, deposes and says that he is Senator 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 20, 1995. /s/ Johnny Isakson Senator, 21st District Sworn to and subscribed before me, this 9th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. HENRY COUNTY DEVELOPMENT AUTHORITY MEMBERS; APPOINTMENT; TERMS; POSTS; QUALIFICATIONS; COMPENSATION; EXPENSES. No. 184 (House Bill No. 1016). AN ACT To amend an Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act approved April 10, 1975 (Ga. L. 1975, p. 2833), an Act approved March 7, 1980 (Ga. L. 1980, p. 3087), an Act approved April 12, 1982 (Ga. L. 1982, p. 4078), and by an Act approved February 15, 1985 (Ga. L. 1985, p. 3549), so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies; to change provisions relating to the qualifications and compensation of members and reimbursement of expenses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act

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approved April 10, 1975 (Ga. L. 1975, p. 2833), an Act approved March 7, 1980 (Ga. L. 1980, p. 3087), an Act approved April 12, 1982 (Ga. L. 1982, p. 4078), and by an Act approved February 15, 1985 (Ga. L. 1985, p. 3549), is amended by striking in its entirety subsections (a) and (d) of Section 4 and inserting in their respective places new subsections to read as follows: (a) The Authority shall consist of five members appointed by the Board of Commissioners of Henry County ('board') from nominations as provided in this subsection. Those members of the Authority serving as such on February 1, 1995, and any person selected to fill a vacancy in such office shall serve for terms of office which expire at the first meeting of the board in January, 1996, and upon the appointment and qualification of their respective successors. At such meeting, each member of the board from a numbered commissioner district shall nominate a person from such district to serve as a member of the Authority in a post corresponding to the number of such district. No person nominated to any post may serve in that post unless such nomination is approved by a majority of the board. Persons thus appointed to Posts 1, 2, and 3 from Commissioner Districts 1, 2, and 3 shall serve for initial terms of office which expire December 31, 1996. Persons thus appointed to Posts 4 and 5 from Commissioner District 4 and 5 shall serve for initial terms of office which expire December 31, 1998. Successors to the members of the Authority whose initial terms of office expire as provided in this subsection, and all future successors to such members whose terms of office are to expire, shall be appointed by the board from a nomination by the commissioner whose numbered commissioner district corresponds to the numbered post of the Authority member whose term is to expire, shall be appointed at and take office upon the first meeting of the Board of Commissioners of Henry County in January immediately following the expiration of such term, and shall serve for a term of office which expires upon the same date as the term of office of the commissioner who nominated them to such office upon the Authority. Members of the Authority in designated posts shall serve for the terms specified in this subsection and until their respective successors are appointed and qualified. All members of the Authority are eligible for reappointment if otherwise qualified. At the first meeting of the Authority in January each year, the members of the Authority shall select a chairperson, a vice-chairperson, a secretary, and a treasurer. All officers of the Authority shall be members of the Authority. All members of the Authority shall be citizens of the United States, shall be at least 21 years of age, shall have been a resident of this state for two years, and shall have been a resident of Henry County for one year. No member of the Authority shall be a full-time employee of the Authority during such member's term of office upon the Authority. (d)(1) The members of the Authority shall receive compensation as follows: The chairperson of the Authority shall receive $250.00 per month, the vice-chairperson and secretary shall each receive $225.00

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per month, and the remaining members shall receive $200.00 per month. (2) The members of the Authority shall be reimbursed, upon approval by the Authority, for actual expenses incurred for travel, meals, and lodging by a member on official business of the Authority outside of Henry County. In addition to the amount provided in this paragraph, each member shall receive per diem compensation in an amount set by the Authority not to exceed $100.00 per day. (3) In order that the Authority may, from time to time, take advantage of the special skills and expertise of a member of the Authority and provide appropriate compensation for services provided to the Authority by such member outside of such member's regular duties, the Authority is authorized, subject to the conditions in paragraph (4) of this subsection, to compensate such members for such additional services. The additional services shall include, but shall not be limited to, attendance at meetings other than regular and called meetings of the Authority; meetings with other governmental entities and authorities or their designated representatives and any combination thereof regarding official Authority business; meetings with industrial prospects, realtors, developers, utility representatives, consultants, other representatives, and any combination thereof regarding official Authority business; meetings of agencies and organizations promoting industrial development such as the Atlanta Regional Commission, Metro South, or other such groups; and any similar meetings regarding official Authority business. (4) In order for any Authority member to receive compensation for services performed pursuant to paragraph (3) of this subsection, the Authority must first approve the proposed services and the compensation by a majority vote. Said approval must be made without the participation of the member to be compensated. The amount of compensation shall be determined by the members of the Authority, but in no case shall the compensation exceed $12.50 per hour with a maximum compensation of $100.00 per day. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291) as amended; and for other purposes. This 20th day of January, 1995. Representative Larry Smith 109th District
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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 109th 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 27, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 5, 1995. COBB COUNTY SUPERIOR COURT; DEPUTY CLERK; COMPENSATION. No. 185 (House Bill No. 922). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 13, 1994 (Ga. L. 1994, p. 5080), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 13, 1994 (Ga. L. 1994, p. 5080), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows: (b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $53,752.40, to be paid in equal monthly

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installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. SECTION 2 . This Act shall become effective 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the compensation of the superior court, the sheriff, and the judge of the probate court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation 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 31st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ Lynda Coker Representative, 31st District Sworn to and subscribed before me, this 16th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF LAWRENCEVILLE CORPORATE LIMITS; DEANNEXATION. No. 186 (House Bill No. 936). AN ACT To amend an Act incorporating the City of Lawrenceville, approved March 27, 1986 (Ga. L. 1986, p. 4961), as amended, so as to deannex and exclude certain property from the corporate limits of such 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 Lawrenceville, approved March 27, 1986 (Ga. L. 1986, p. 4961), as amended, is amended by adding at the end of Appendix A, excepting property from such city, the following: 7 6 7-006-013 Christine C. Blaney Old Norcross Road 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 1995 session of the General Assembly of Georgia a local bill to amend the charter of Lawrenceville, Gwinnett County, Georgia, redefining the corporate boundaries of the City of Lawrenceville, Gwinnett County, Georgia in accordance with the City Charter and to repeal conflicting laws. Anyone desiring to see a copy of the amendments which will be introduced may obtain a copy from City Hall at 405 Clayton Street,

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Lawrenceville, Georgia. This notice is given to satisfy the requirement that a Notice of Intent to Introduce Local Legislation be published as required by O.C.G.A. Section 28-1-14 (Michie 1985); Ga. Const. Art. 3, Section 5, Par. 9. This 21st day of February, 1995. Bartow Jenkins, Mayor City of Lawrenceville 405 Clayton Street Lawrenceville, Georgia 30245 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall, who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Post-Tribune, which is the official organ of Gwinnett County, on the following date: February 24, 1995. /s/ Vinson Wall Representative, 82nd District Sworn to and subscribed before me, this 1st day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF LEESBURG CORPORATE LIMITS. No. 187 (House Bill No. 1017). AN ACT To amend an Act entitled An Act to create a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, so as to describe the corporate boundaries of such city; to provide conditions for effectiveness; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, is amended by

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striking in its entirety Section 1.12 and inserting in lieu thereof the following: SECTION 1.12. Corporate boundaries. (a) The boundaries of the City of Leesburg shall be as follows: All that tract or parcel of land lying and being all of Land Lots 44, 45, 46, 47, 50, 51, 52, 53, 76, 77, 78, 79, 81, 82, 83, and a portion of Land Lot 84 in the Second Land District, Lee County, Georgia and being more particularly described as follows: Beginning at the southwest corner of Land Lot 76 and from said Point of Beginning proceed in an easterly direction along the southern boundary line of said Land Lot 76 to the southeastern corner of said Land Lot 76, which is also the northwest corner of Land Lot 84; thence proceed south along the western boundary line of Land Lot 84 to the point where said western boundary line intersects the southern right of way line of Georgia Highway Route 32; thence proceed in an easterly direction along the southern right of way line of said Georgia Highway Route 32 to the point where said right of way line intersects the western right of way line of U.S. Highway 19; thence proceed south along the western right of way line of U.S. Highway 19 to the point where such right of way line intersects the southern boundary line of Land Lot 84; thence proceed in an easterly direction along said line and along the southern boundary lines of Land Lots 84, 83, 82 and 81 to the southeastern corner of Land Lot 81; thence proceed north along the eastern boundary of Land Lot 81 to the northeast corner of said Land Lot 81; thence proceed west along said northern boundary line of Land Lot 81 and the northern boundary line of Land Lot 82 to the southeast corner of Land Lot 79; thence proceed north along the eastern boundary lines of Land Lots 79, 50 and 47 to the northeastern corner of Land Lot 47; thence proceed west along the northern boundary line of Land Lots 47, 46, 45 and 44 to the northwest corner of Land Lot 44; thence proceed south along the western boundary lines of Land Lots 44, 53 and 76 to the Point of Beginning. (b) The boundaries of the city shall be shown on a map or a written description or a combination of the two maintained in the office of the city clerk, which map shall be kept at all times current. Copies of such map or description certified by the city clerk shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description. SECTION 2 . This Act and the corporate boundaries described in Section 1 of this Act shall become effective only upon the enactment of a resolution by majority

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vote of the city council of the City of Leesburg at a regularly scheduled meeting of said council approving the corporate limits of the city as described in this Act. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL BILL Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 that there will be introduced in the General Assembly of the State of Georgia a Local Bill amending the Charter of the City of Leesburg changing the corporate limits of said city, to repeal conflicting laws and for other purposes. CITY OF LEESBURG By: William E. Cannon, Jr. City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 157th 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: March 2, 1995. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 9th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. JONES COUNTY BOARD OF COMMISSIONERS; MEMBERSHIP; DISTRICTS; CHAIRPERSON. No. 188 (House Bill No. 965). 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 and qualifications of the chairperson

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and other members of the board; to provide for submission of this Act under the federal Voting Rights Act of 1965; 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 chairperson and four other members. (b) The chairperson 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, 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,

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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: 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, 317A, 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, 460, 461A, 461B, 464, 465A VTD: 0004 POPE Commissioner District: 3 JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part)

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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, 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;

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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 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 population according to the United States decennial census of 1990 for the State of Georgia. (e) The chairperson 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, 1996, 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. 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating

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a Board of Commissioners for Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended; to repeal conflicting laws; and for other purposes. This 13th day of February, 1995. Honorable Kenneth W. Birdsong Representative, 123rd District Honorable Curtis Jenkins Representative, 101st 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 110th 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 16, 1995. /s/ Curtis S. Jenkins Representative, 110th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF LEESBURG MAYOR AND COUNCIL; COMPENSATION. No. 189 (House Bill No. 920). AN ACT To amend an Act entitled An Act to create a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, so as to change the salary of the councilmembers and the mayor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to create a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended, is amended by striking in its entirety Section 2.13 and inserting in lieu thereof the following:

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SECTION 2.13. Compensation and Expenses. The council shall establish the salary of the councilmembers and the mayor. The salary of the councilmembers shall be not less than $300.00 nor more than $1,800.00 per year, paid in such manner as the council shall determine. The salary of the mayor shall be two times the salary set for the councilmembers and the salary of the mayor pro tempore shall be one and one-half times the salary set for the councilmembers, and salaries shall be paid in the same manner as for the councilmembers. 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 . This Act shall become effective upon approval by the Governor or upon its becoming law without such approval and shall apply to fiscal year 1995 and future fiscal years. The salaries initially established during fiscal year 1995 may be paid in such manner as the council shall determine to allow the full salary to be paid for fiscal year 1995 by the end of fiscal year 1995. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL BILL Notice is hereby given pursuant to O.C.G.A. Sec. 28-1-14 that there will be introduced in the General Assembly of the State of Georgia a Local Bill Amending the Charter of the City of Leesburg changing the salary of council members and the mayor, to repeal conflicting laws and for other purposes. City of Leesburg By: William E. Cannon, Jr. City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who, on oath, deposes and says that he is Representative from the 157th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Lee County Ledger, which is the official organ of Lee County, on the following date: February 23, 1995. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY; INVESTIGATORS; ASSISTANT DISTRICT ATTORNEYS. No. 190 (House Bill No. 985). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4622), so as to change the number of investigators and the number of assistant district attorneys the district attorney is authorized to appoint; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4622), is amended by striking the following language from Section 4A: Said district attorney is authorized to appoint eight investigators for the Cobb Judicial Circuit to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney., and substituting in lieu thereof the following: Said district attorney is authorized to appoint ten investigators for the Cobb Judicial Circuit to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney.

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SECTION 2 . Said Act is further amended by striking the following language from Section 4B: The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, 14 full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his or her duties., and substituting in lieu thereof the following: The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, 15 full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his or her duties. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ Earl Ehrhart Representative, 36th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF KENNESAW CORPORATE LIMITS. No. 191 (House Bill No. 986). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to restate the corporate limits to include certain previously annexed parcels of land; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is amended by adding at the end of Section 1.02 the following: The corporate limits of the City of Kennesaw shall also include the following described parcels of land: All that tract or parcel of land lying and being in Land Lot 101 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the westerly right of way line of Moon Station Road and the north line of Land Lot 101 of the aforesaid district and section; running thence westerly along the north line of Land Lot 101 of the aforesaid district and section to an iron pin at the northeast corner of Lot 174, Winchester Forest Subdivision, Phase II, as shown on plat of survey recorded in Plat Book 129, Page 54 in the Office of the Clerk of the Superior Court of Cobb County, Georgia; running thence south 01 degree 14 minutes 19 seconds west 527.53 feet to an iron pin; running thence north 89

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degrees 57 minutes 30 seconds east 738.14 feet to an iron pin; running thence south 00 degrees 58 minutes 25 seconds west 549.54 feet to an iron pin; running thence south 89 degrees 46 minutes 50 seconds east 381.02 feet to an iron pin on the westerly right of way line of Moon Station Road; running thence northerly along the westerly right of way line of Moon Station Road to a point formed by the intersection of the westerly right of way line of Moon Station Road and the north line of Land Lot 101 of the aforesaid district and section, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 141 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southeasterly right of way line of Mack Dobbs Road and the south line of Land Lot 141 of the aforesaid district and section; running thence easterly along the south line of said land lot 640.0 feet, more or less, to a point; running thence north 02 degrees 07 minutes 18 seconds east 1,002.8 feet to a point; running thence north 78 degrees 52 minutes 15 seconds west 103.97 feet to a point; running thence north 28 degrees 34 minutes 45 seconds west 40.03 feet to a point; running thence north 77 degrees 38 minutes 34 seconds west 27.31 feet to a point; running thence north 40 degrees 12 minutes 56 seconds east a distance of 27.59 feet to a point; running thence north 28 degrees 45 minutes 05 seconds west a distance of 48.72 feet to an iron pin; running thence north 39 degrees 10 minutes 46 seconds west a distance of 42.21 feet to an iron pin; running thence north 10 degrees 44 minutes 41 seconds west a distance of 6.61 feet to an iron pin on the southeasterly right of way line of Mack Dobbs Road; running thence southwesterly along the southeasterly right of way line of Mack Dobbs Road and following the curvature thereof 1,400 feet, more or less, to a point formed by the intersection of the southeasterly right of way line of Mack Dobbs Road and the south line of Land Lot 141 of the aforesaid district and section, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 89 of the 20th District, 2nd Section, Cobb County, Georgia, being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the southwest corner of Land Lot 89 (said corner being a common corner of Land Lots 88, 89, 102 and 103); thence in an easterly direction along the southern line of Land Lot 89 for a distance of 1310.29 feet to a point; thence north 03 degrees 02 minutes 53 seconds east for a distance of 530.05 feet to the TRUE POINT OF BEGINNING; THENCE north 03 degrees 02 minutes 53 seconds east a distance of 717.02 feet to a point; thence south 86 degrees 50 minutes 12 seconds east for a distance of 460.00 feet to a point; thence south 03 degrees

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02 minutes 53 seconds west for a distance of 738.90 feet to a point; thence south 84 degrees 06 minutes 51 seconds east for a distance of 449.98 feet to a point on the western right of way line of Giles Road; thence along said right of way line south 84 degrees 00 minutes 07 seconds west for a distance of 46.31 feet to a point; thence along said right of way line along a curve to the left, having a radius of 953.15 feet, an arc distance of 134.21 feet, being subtended by a chord of south 50 degrees 07 minutes 16 seconds west and a chord length of 134.10 feet to a point; thence along said right of way line along a curve to the left, having a radius of 421.99 feet, an arc distance of 140.74 feet, being subtended by a chord bearing of south 31 degrees 16 minutes 33 seconds west and a chord length of 140.99 feet to a point; thence south 73 degrees 38 minutes 10 seconds west for a distance of 41.85 feet to a point; thence south 60 degrees 34 minutes 43 seconds west for a distance of 256.59 feet to a point; thence north 52 degrees 11 minutes 23 seconds east for a distance of 537.79 feet to a point; said point being the TRUE POINT OF BEGINNING. Said tract contains 12.536 acres. All that tract or parcel of land lying and being in Land Lot 88, 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pipe found at the northwest corner of Land Lot 88, 20th District, 2nd Section, Cobb County, Georgia; thence south 86 degrees 28 minutes 17 seconds east along the north land lot line of said Land Lot 88, a distance of 626.67 feet to a point, said point being the POINT OF BEGINNING; thence continue south 86 degrees 28 minutes 17 seconds east along said north land lot line a distance of 360.00 feet to a point; continue south 86 degrees 28 minutes 17 seconds east along said north land lot line a distance of 360.00 feet to a point; thence south 02 degrees 07 minutes 17 seconds west, a distance of 670.00 feet to a point; thence north 26 degrees 00 minutes 00 seconds west a distance of 275.00 feet to a point; thence north 20 degrees 37 minutes 28 seconds west a distance of 245.00 feet to a point; thence north 34 degrees 10 minutes 39 seconds west a distance of 230.00 feet to a point; thence north 03 degrees 31 minutes 43 seconds east a distance of 25.00 feet to the point of beginning. Said tract contains 2.693 acres. All that tract or parcel of land lying and being in Land Lot 203 of the 20th District, 2nd Section, Cobb County, Georgia, being Lot 35, Block A, Shillingwood Subdivision, Unit III, as per plat recorded in Plat Book 75, Page 75, Cobb County Records, which plat reference is incorporated herein and made a part hereof. All that tract or parcel of land lying and being located in Land Lot 202 in the 20th District, 2nd Section of Cobb County, Georgia, and more particularly being described as follows:

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BEGINNING at a point at the intersection of the westerly right of way of Shillings Road and the centerline of Stilesboro Road and running thence in a northerly direction along the westerly right of way of Shillings Road for a distance of 1605.5 feet to an iron pin; thence running north 89 degrees 41 minutes 55 seconds west for a distance of 645.01 feet to a point of which is the POINT OF BEGINNING; thence running north 89 degrees 41 minutes 55 seconds west for a distance of 693.06 feet to an iron pin; thence running north 00 degrees 24 minutes 42 seconds east for a distance of 319.24 feet to an iron pin; thence running south 89 degrees 41 minutes 11 seconds east for a distance of 636.64 feet to a point; thence running south 00 degrees 01 minutes 22 seconds east for a distance of 319.11 feet to a point of which is the POINT OF BEGINNING. Said tract contains 4.673 acres. All that tract or parcel of land lying and being located in Land Lot 202 of the 20th District, 2nd Section of Cobb County, Georgia, and more particularly being described as follows: BEGINNING at a point at the intersection of the westerly right of way of Shillings Road and the centerline of Stilesboro Road and running thence in a northerly direction along the westerly right of way of Shillings Road for a distance of 1605.5 feet to an iron pin of which is the point of beginning; thence running north 89 degrees 41 minutes 55 seconds west for a distance of 645.01 feet to a point; thence running north 00 degrees 01 minutes 22 seconds west for a distance of 319.11 feet to a point; thence running south 89 degrees 41 minutes 11 seconds east for a distance of 645.01 feet to an iron pin located on the westerly right of way of Shillings Road; thence running south 00 degrees 01 minutes 22 seconds east along said right of way for a distance of 318.97 feet to an iron pin of which is the point of beginning. Said tract contains 4.724 acres. All that tract or parcel of land lying and being in Land Lots 62 and 63 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: COMMENCE at the intersection of the northerly side of Baker Road (60-foot right of way) and the east line of Land Lot 62; thence north 01 degree 51 minutes 18 seconds east 568.66 feet to a point; thence north 82 degrees 12 minutes 48 seconds west 378.77 feet to a point at the centerline of Proctor Creek and being the TRUE POINT OF BEGINNING; thence north 82 degrees 12 minutes 48 seconds west 531.49 feet to a point; thence south 82 degrees 57 minutes 00 seconds west 683.05 feet to a point on the northeast side of Baker Road; thence along said road 1596.35 feet to a point; thence leaving said road north 61 degrees 29 minutes 43 seconds east 434.19 feet to a point; thence south 36 degrees 45 minutes 16 seconds east 475.00 feet to a point; thence south 57 degrees 00 minutes 19 seconds east 435.00 feet to a point; thence south 89 degrees 13 minutes 52 seconds east 572.00 feet

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to a point; thence north 49 degrees 45 minutes 58 seconds east 514.77 feet to a point on the centerline of Proctor Creek; thence southeasterly along the center line of Proctor Creek 1596.35 feet to the TRUE POINT OF BEGINNING. Said tract contains 33 acres, more or less. All that tract or parcel of land lying and being in Land Lots 203 and 204 of the 20th District, 2nd Section of Cobb County, Georgia, being more particularly described as follows: BEGINNING at an iron pin placed at the point of intersection of the line common to Land Lots 203 and 216 said district, section and county, with the southeastern right of way line of Kennesaw Due West Road (a 70-foot right of way), and running thence in a northeasterly direction along said right of way line of Kennesaw Due West Road a distance of 3253.6 feet to an iron pin located at the point of intersection of said right of way line with the line common to Land Lots 177 and 204, said district, section and county; thence north 89 degrees 59 minutes 30 seconds east along said line common to Land Lots 177 and 204, a distance of 1250.2 feet to the point of intersection of said common land lot line with the western right of way line of Louisville and Nashville Railroad (a 66 foot right of way); thence in a southwesterly, southerly and southeasterly direction along said right of way line of Louisville and Nashville Railroad, and following the curvature thereof, a distance of 2621.3 feet to the point of intersection of said right of way line of Louisville and Nashville Railroad with the line common to Land Lots 204 and 215 said district, section and county; thence south 89 degrees 20 minutes west along the line common to said Land Lots 204 and 215 and continuing along the line common to said Land Lots 203 and 216, a total distance of 3092.7 feet to the iron pin placed marking the POINT OF BEGINNING. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, being Lot 3 of the O. E. Kemp Subdivision, as per plat recorded in Plat Book 6, Page 84, Cobb County Records, to which plat reference is made for a more detailed description. All that tract or parcel of land lying and being in Land Lot 139, 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the north right of way of U.S. 41 (also known as State Route 3 and North Cobb Parkway - 200 foot right of way) with the east right of way of Paulding Drive (60 foot right of way), said point being the true point of beginning; thence along the east right of way of Paulding Drive north 00 degrees 31 minutes 33 seconds east 397.79 feet to a point; thence north 00 degrees 47 minutes 09 seconds east 466.32 feet to an iron pin set (1/2[Prime] rebar); thence leaving said right of way south 89 degrees 36 minutes 42

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seconds east 688.92 feet to a flat iron found; thence due south 1207.50 feet to an iron pin found (1/2[Prime] rebar) on the north right of way of U.S. 41; thence along said right of way an arc of 335.25 feet subtended by a chord bearing of north 62 degrees 52 minutes 32 seconds west and a chord distance of 335.23 feet with a radius of 8452.15 feet to a point; thence north 64 degrees 00 minutes 43 seconds west 445.66 feet to a point at the true point of beginning. Said tract contains 16.488 acres. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating a new charter to the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kem Shipp, who, on oath, deposes and says that he is Representative from the 38th 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 20, 1995. /s/ Kem Shipp Representative, 38th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF AUSTELL CORPORATE LIMITS. No. 192 (Senate Bill No. 414). AN ACT To amend an Act providing a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act

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approved March 31, 1987 (Ga. L. 1987, p. 5290), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4369), so as to adopt an official map of the corporate limits of the City of Austell, Georgia; to confirm the corporate boundaries of the City of Austell, Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved March 31, 1987 (Ga. L. 1987, p. 5290), and an Act approved March 30, 1989 (Ga. L. 1989, p. 4369), is amended by inserting in Section 1.11 a new subsection to be designated (a.1) to read as follows: (a.1) The `Official Map of the Corporate Limits of the City of Austell, Georgia' approved January, 1995, by the mayor and council, is adopted as the official map of the corporate limits of the City of Austell, Georgia, and the corporate boundaries of the City of Austell, Georgia, as of January 1, 1995, shall be confirmed as reflected on said official map to include any prior amendments as set forth in this charter or by local Act or in accordance with the general laws of the state and shall be subject to amendment thereby. 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 1995 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Austell, approved March 28, 1988 (Ga. L. 1988, p. 4802), as amended; and for other purposes. This 18th day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 20, 1995. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF MARIETTA CORPORATE LIMITS; DEANNEXATION. No. 193 (Senate Bill No. 450). AN ACT To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3814) and an Act approved March 25, 1994 (Ga. L. 1994, p. 4171), so as to deannex a certain area of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3814) and an Act approved March 25, 1994 (Ga. L. 1994, p. 4171), is amended by adding at the end of Section 1.4 the following: Any other provisions of this section to the contrary notwithstanding, the following described property is hereby deannexed and excluded from the corporate limits of the City of Marietta: All that tract or parcel of land lying and being in Land Lot 1005, 16th District, 2nd Section of Cobb County, Georgia, per plat of same by G. Trenholm Baker, recorded at Plat Book 63, Page 13, Cobb County Records, and being more particularly described as follows: BEGINNING at the intersection of the southeasterly right-of-way of Marble Mill Road and the westerly land lot line of Land Lot 1005; going thence north 60 degrees 19 minutes east along the southeasterly

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right-of-way of Marble Mill Road 91.4 feet to an iron pin located on the southeasterly right-of-way of Marble Mill Road; going thence north 80 degrees 14 minutes east along the southeasterly right-of-way of Marble Mill Road 100.00 feet to an iron pin located on the southeasterly right-of-way of Marble Mill Road; going thence south 04 degrees 51 minutes east 958.83 feet to an iron pin; going thence north 27 degrees 30 minutes west 236.5 feet to an iron pin; going thence south 87 degrees 31 minutes west 184.0 feet to an iron pin located on the western land lot line of Land Lot 1005; going thence north 02 degrees 49 minutes east along the western land lot line of Land Lot 1005, 692.2 feet to an iron pin located at the intersection of the western land lot line of Land Lot 1005 and the southeasterly right-of-way of Marble Mill Road, said point being the POINT OF BEGINNING. The above-described tract containing 4.0 acres, more or less. 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 1995 session of the General Assembly of Georgia a bill to amend an Act reincorporating the City of Marietta in Cobb County, approved March 23, 1977 (Ga. L. 1977, p. 3841), as amended; and for other purposes. This 24 day of January, 1995. Cobb County Legislative Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Thompson, who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 27, 1995. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CLAYTON COUNTY AD VALOREM TAX MILLAGE RATE FOR COUNTY AND SCHOOL DISTRICT TAXES; ACT REPEALED. No. 194 (Senate Bill No. 455). AN ACT To repeal an Act entitled An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District, approved March 22, 1990 (Ga. L. 1990, p. 4378); and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act entitled An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District, approved March 22, 1990 (Ga. L. 1990, p. 4378), is repealed in its entirety. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to repeal an Act entitled An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District, approved March 22, 1990 (Ga. L. 1990, p. 4378); and for other purposes. This 20th day of February, 1995.

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Clayton County Legislative Delegation February 23, 1995 236 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 23, 1995. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. BALDWIN COUNTY STATE COURT; TERMS. No. 195 (Senate Bill No. 457). AN ACT To amend an Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended, so as to provide for the terms of the State Court of Baldwin County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended, is amended by striking Section 1F in its entirety and inserting in lieu thereof a new Section 1F to read as follows: SECTION 1F. The terms of the State Court of Baldwin County shall be quarterly beginning on the third Monday of January, April, July, and October. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed.

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Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Baldwin County (formerly County Court of Baldwin County) approved January 19, 1872 (Georgia Laws 1871-1872, page 288), as amended; and for other purposes. This 25th day of February, 1995 Floyd Griffin Senator, 25th District Bobby Parham Representative, 122nd District 2/25/95 (Legal Advertisement) GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd L. Griffin, Jr., 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: February 25, 1995. /s/ Floyd L. Griffin, Jr. Senator, 25th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. TOWN OF BOWERSVILLE NEW CHARTER. No. 196 (House Bill No. 1007). AN ACT To provide a new charter for the Town of Bowersville; 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

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authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to 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 Town of Bowersville in Hart County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the Town of Bowersville. References in this charter to the town or this town refer to the Town of Bowersville. The town shall have perpetual existence. SECTION 1.11 . Corporate boundaries. 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 by local law or 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 of the town and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the Town of Bowersville, 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 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

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as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. Said powers shall include, but are not limited to, the following: (1) 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 town; (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 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 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

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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 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 within the town 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 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

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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 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 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) 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 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; (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,

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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 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 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;

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(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the 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 (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

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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, ELECTIONS, AND REMOVAL SECTION 2.10 . Town council creation; composition; number; election. (a) 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. (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 that person shall have been a resident of this town for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town. 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 town that such person desires 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 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

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Georgia and who are bona fide residents of said town 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 town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until December 31, 1995, and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the Town of Bowersville shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (e) On the Tuesday next following the first Monday in November, 1995, and on that day quadrennially thereafter, there shall be elected a mayor and councilmembers for Posts 1 and 4 who shall serve for terms as provided for by subsection (b) of Section 2.10 of this charter. On the Tuesday next following the first Monday in November, 1995, there shall be elected also councilmembers for Posts 2 and 3 who shall serve for initial terms of two years and until their successors are elected and qualified. On the Tuesday next following the first Monday in November, 1997, and on that day quadrennially thereafter, there shall be elected councilmembers for Posts 2 and 3 who shall serve for terms as provided by subsection (b) of Section 2.10 of this charter. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. SECTION 2.12 . Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the 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 as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the town council or those remaining shall order a special election

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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 town 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 town offices and all names of candidates for town offices shall be listed without party labels. SECTION 2.14 . Election by plurality. The candidate receiving a plurality of the votes cast for any town 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 town 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 his or her judgment or action in the performance of 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 official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;

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(4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town 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 or she 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 town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before 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 town 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 town 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 town council. (e) Except as authorized by law, no member of the council shall hold any other elective town office or other town employment during the term for which 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:

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(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating 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 town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town 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 Town of Bowersville. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10 . General power and authority. Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I of this charter. SECTION 3.11 . Organization. (a) The town council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be

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called to order by the town 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 town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) 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 during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the town council. The town 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 town council. SECTION 3.12 . Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13 . Meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (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 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 town 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 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. (b) All committees and committee chairpersons 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 3.15 . Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers 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 town 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 Town of Bowersville 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 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the

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mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate. SECTION 3.17 . Effect of ordinances. Acts of the town 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 town 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 a majority of the councilmembers voting 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 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 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter.

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(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20 . Codification of ordinances. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town shall provide for the preparation of a general codification of all the ordinances of the town having the force 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 Bowersville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The 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 3.21 . Chief executive officer; delegation of powers. 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 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 town and qualified in management and administration. SECTION 3.22 . Powers and duties of mayor. As the chief executive of this town, the mayor shall:

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(1) See that all laws and ordinances of the town 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 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 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 town and from time to time such other information as the town council may request; (6) Call special meetings of the town council as provided for in Section 3.13; (7) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote; (8) 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 the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the town to submit written reports whenever the mayor deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town 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 town council shall be presented by the town 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 town clerk with or without the mayor's approval, or with the mayor's 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 on the fifteenth 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

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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 and should the town council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the 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 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 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 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 the director's 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 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 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 three councilmembers.

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SECTION 4.11 . Boards. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town. SECTION 4.12 . Town attorney. The town council shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least

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

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(5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH SECTION 5.10 . Municipal court. There shall be a court to be known as the Municipal Court of the Town of Bowersville. 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 that 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 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 three members of the town council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town 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 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.

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(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 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 his or her 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 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 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

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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 5.15 . Rules. 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, 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 town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the 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. 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 taxes and business license fees. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling within

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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. The town council by ordinance shall have the power to require any individual or corporation who transacts business in this town or who practices or offers to practice any profession or calling within the town to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 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 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 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 the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 6.15 . Sewer fees. 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.

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SECTION 6.16 . Roads. The town council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17 . Other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. SECTION 6.18 . Collection of delinquent taxes. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 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 town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19 . Borrowing. The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 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.

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SECTION 6.21 . 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 . Accounting and budgeting. 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 . Budget ordinance. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The town 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 town council but not later than 60 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 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 town clerk and shall be open to public inspection. SECTION 6.25 . Adoption. (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

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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 town council shall adopt the final operating budget for the ensuing fiscal year not later than such annual date set by ordinance for such purpose. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 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 town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this town. SECTION 6.27 . Changes in budget. The town 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 town council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The town council shall have the power to accept, with or

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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 3.17 of this charter. (b) After the conducting of a public hearing, the town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than such annual date set by ordinance for such purpose. 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 any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the town council. SECTION 6.29 . Audits. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30 . Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31 . Purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town.

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SECTION 6.32 . Sale of property. (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (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 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 . Rules and regulations. 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 . 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

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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 7.13 . 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 and providing a charter for the Town of Bowersville in the County of Hart, approved March 23, 1977 (Ga. L. 1977, p. 3482), 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 1995 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the Town of Bowersville, approved March 23, 1977 (Ga. L. 1977, p. 3482); and for other purposes. This 14 day of February, 1995. /s/ John Bailey, Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan Powell, 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

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the Hartwell Sun, which is the official organ of Hart County, on the following date: February 22, 1995. /s/ Alan Powell Representative, 23rd District Sworn to and subscribed before me, this 3rd day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. PEACH COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 197 (House Bill No. 908). AN ACT To provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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 Peach County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (4) Senior citizen means a person who is 65 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 . (a) Each resident of the Peach County School District who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all Peach 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 income, together with the income of the spouse of such person who resides within such homestead, does not exceed $20,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Peach County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. SECTION 3 . The tax commissioner of Peach 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. 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

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granted the homestead exemption under this Act to notify the tax commissioner of Peach 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 Peach 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 Peach 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, 1995. SECTION 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Peach County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Peach County School District for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Peach County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or disabled and who have annual incomes not exceeding $20,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect on January 1, 1995. If the Act is 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.

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The expense of such election shall be borne by Peach County. It shall be the election 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 State of Georgia, County of Peach Notice is given that there will be introduced at the regular 1995 session of the general Assembly of Georgia a bill to provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. This 21st day of February 1995. Representative Robert Ray 128th 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 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune, which is the official organ of Peach County, on the following date: February 22, 1995. /s/ Robert Ray Representative, 128th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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CHEROKEE COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 198 (House Bill No. 803). AN ACT To amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over, approved March 10, 1988 (Ga. L. 1988, p. 3677), as amended by an Act approved April 5, 1994 (Ga. L. 1994, p. 4701), so as to change the amount of such exemption; to remove the income limitation applicable to such exemption; 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 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 a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 62 years of age, approved March 10, 1988 (Ga. L. 1988, p. 3677), as amended by an Act approved April 5, 1994 (Ga. L. 1994, p. 4701), is amended by striking Sections 1 through 1E and inserting in their place new Sections 1 through 1E to read as follows: 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 Cherokee County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) `Homestead' means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) `Senior citizen' means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 1A. (a) Each resident of the Cherokee County School District who is a senior citizen or who is disabled is granted an exemption on that

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person's homestead from all Cherokee County School District ad valorem taxes for county purposes in the amount of $100,000.00 of the assessed value of that homestead. For all taxable years beginning on or after January 1, 1998, the amount of such homestead exemption shall be adjusted annually by the tax commissioner of Cherokee County in a percentage amount equal to the most recently available federal Social Security Cost of Living Adjustment percentage. (b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Cherokee County giving the person's age, or if 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 1B. The tax commissioner of Cherokee 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 1C. 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 Cherokee County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

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SECTION 1D. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Cherokee 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 Cherokee County School District ad valorem taxes for educational purposes. SECTION 1E. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Cherokee County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which revises the homestead exemption from Cherokee County School District ad valorem taxes for educational purposes by changing the exemption amount from the full value of the homestead to $100,000.00 of the assessed value of the homestead; which provides for annual adjustments; and which removes the 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, Section 1 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, 1997. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

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The expense of such election shall be borne by Cherokee County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over, approved March 10, 1988 (Ga. L. 1988, p. 3677), as amended by an Act approved April 5, 1994 (Ga. L. 1994, p. 4701), so as to change the amount of such exemption; to remove the income limitation applicable to such exemption; 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 applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 3 day of February, 1995 /s/ Steve Stancil Representative Steve Stancil 16th District /s/ Melanie Harris Representative Melanie Harris 17th District /s/ Garland Pinholster Representative Garland Pinholster 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steven Stancil, 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

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the Cherokee Citizen, which is the official organ of Cherokee County, on the following date: February 8, 1995. /s/ Steve Stancil Representative, 16th District Sworn to and subscribed before me, this 16th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF WARNER ROBINS HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 199 (House Bill No. 869). AN ACT To provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or over; 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 repeal a specific Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . For the purpose of this Act, the term senior citizen means a resident of the City of Warner Robins who has been a resident of said city for at least five years immediately preceding the first day of a taxable year for which an exemption is claimed under this Act and who is 65 years of age or over. SECTION 2 . Each senior citizen is granted an exemption on that person's homestead from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of that resident's homestead, as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that

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land which is included in that homestead and which exceeds one acre shall not have the value thereof exempt under this Act. SECTION 3 . The governing authority of the City of Warner Robins 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 of the owner 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., except that any applicant seeking an exemption under this Act shall file a written application therefor on or before the 30th day of June of the year in which such exemption is sought. 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 he or she make application and file such affidavit and certificate for any year thereafter and such exemption shall continue to be allowed to such owner. It shall be the duty of any resident of the City of Warner Robins who has claimed the homestead exemption provided for in this Act to notify the governing authority of the City of Warner Robins or its designee in the event he or she 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 Warner Robins ad valorem taxes. SECTION 7 . The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1995. SECTION 8 . The exemption granted by this Act shall not apply to or affect any county taxes for county purposes, county school district taxes for educational purposes, or state taxes. SECTION 9 . An Act providing a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed

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value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994, 63 years of age or over in 1995, 64 years of age or over in 1996, and 65 years of age or over in 1997 and thereafter, approved March 24, 1994 (Ga. L. 1994, p. 3707), and ratified on September 20, 1994, is hereby repealed in its entirety. SECTION 10 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Warner Robins 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 Warner Robins for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 1995, and shall issue the call therefor not less than 30 nor more than 60 days prior to the date of that election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Houston 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 Warner Robins ad valorem taxes for any city purposes in the amount of $20,000.00 of the assessed value of the homestead of certain persons who have been residents of the city for at least five years 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 9 of this Act shall become of full force and effect immediately. If Sections 1 through 9 of this Act are not so approved or if the election is not conducted as provided in this section, 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 Warner Robins. 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.

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SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend the Warner Robins City Charter in Houston County, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended; and for other purposes. This 19th day of January, 1995. Roy H. Watson, Jr. Representative, 139th District Larry Walker Representative, 141st District Johnny Floyd Representative, 138th District Robert Ray Representative, 128th 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 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Times-Journal, which is the official organ of Houston County, on the following date: February 8, 1995. /s/ Roy H. Watson, Jr. Representative, 139th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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TOWN OF THUNDERBOLT MAYOR AND COUNCIL; POWERS; TOWN CLERK; TOWN ADMINISTRATOR; MUNICIPAL COURT; JUDGE; JURISDICTION; PENALTIES. No. 200 (Senate Bill No. 430). AN ACT To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the municipal court, the judge thereof, the powers and jurisdiction thereof, and punishments which may be imposed therein; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, is amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. Mayor; powers; compensation. (a) The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; and (5) Fulfill such other executive and administrative duties as the town council shall establish by ordinance. (b) The salary of the mayor and the time and method of payment shall be fixed by the town council, but said salary shall not exceed $2,400.00 per year.

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SECTION 2 . Said Act is further amended by striking Section 7 of said Act and inserting in lieu thereof a new Section 7 to read as follows: SECTION 7. Town clerk. The town council shall appoint a town clerk. The person so appointed shall not be a member of the council. The town clerk shall be the custodian of the official town seal, shall maintain the records of the town, and shall perform such other duties as may be required by the council. The town clerk shall serve at the pleasure of the council and the compensation of the town clerk shall be fixed by the council. SECTION 3 . Said Act is further amended by adding, following Section 7, a new Section 7.1 to read as follows: SECTION 7.1. Town administrator. (a) There shall be a town administrator who shall be nominated by the mayor and elected by a majority vote of the town council for an indefinite term of office. The compensation of the town administrator shall be fixed by the town council. The town administrator shall be selected solely on the basis of executive and administrative qualifications, and the person so selected need not be a resident of the town. (b) The town council may remove the town administrator from office in accordance with the following procedures: (1) The town council shall adopt by affirmative vote of a majority of all of its members a preliminary resolution which must state the reasons for removal and may suspend the town administrator from duty for a period not to exceed 45 days, but the town council shall in any case cause to be paid forthwith to the town administrator any unpaid balance of the town administrator's salary and accumulated annual leave and the town administrator's salary for the next three calendar months following adoption of the preliminary resolution, unless the town administrator is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the town administrator for the next three months shall not be paid. A copy of the resolution shall be delivered promptly to the town administrator; (2) Within ten days after a copy of the resolution is delivered to the town administrator, such person may file with the town council a written request for a public hearing. Such hearing shall be held not less than 20 and not more than 30 days after the request is filed. The

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town administrator may file with the council a written reply not later than five days prior to the hearing; (3) If the town administrator has not requested a hearing within the time specified in paragraph (2) of this subsection, the town council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all of its members. If the town administrator requests a hearing and after the full consideration of all evidence and testimony introduced at such hearing, the town council may adopt a final resolution for removal if it finds that sufficient grounds exist for the removal of the town administrator. Such final resolution for removal must be adopted by an affirmative vote of a majority of all members of the town council and may be made effective immediately upon its adoption; and (4) The town administrator shall continue to receive the town administrator's compensation until the effective date of a final resolution for removal. (c) The town administrator shall be the chief administrative officer of the town and shall be responsible to the town council for the administration of all town affairs placed in the town administrator's charge by this charter or by action of the town council. The town administrator shall: (1) Appoint and, when the town administrator deems it necessary for the good of the town, suspend or remove all town employees and administrative officers the town administrator appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. Except as otherwise provided in this charter or by ordinance of the town council, the town administrator shall make recommendations to the town council concerning the compensation of employees who are under the supervision and direction of the town administrator, but the establishment of such compensation shall be within the power and discretion of the town council. The town administrator may authorize any administrative officer who is subject to the town administrator's direction and supervision to exercise the powers of the town administrator with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the town, except as otherwise provided by this charter or by law; (3) Attend all meetings of the town council and have the right to take part in discussion, but the town administrator may not make motions or vote; (4) See that all laws, provisions of this charter, and acts, ordinances, and resolutions of the town council which are subject to enforcement

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or execution by the town administrator or by officers or employees subject to the town administrator's direction and supervision are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the town council; (6) Submit to the town council and make available to the public a complete report on the finances and administrative activities of the town as of the end of each fiscal year; (7) Make such other reports as the town council may require concerning the operation of town departments, offices, and agencies subject to the town administrator's direction and supervision; (8) Keep the town council fully informed and advised as to the financial condition and future needs of the town and make such recommendations to the town council concerning the affairs of the town as the town administrator deems desirable; (9) Appoint, subject to the approval of the town council, a qualified administrative officer to exercise the powers of the town administrator during the temporary absence or disability of the town administrator by filing a letter for such purpose with the town clerk; and (10) Perform such other duties and exercise such other powers as are required by the town council. (d) Except for the purpose of inquiries and investigations, the mayor and town council or its members shall deal with town officers and employees who are subject to the direction and supervision of the town administrator solely through the town administrator, and the mayor, the town council, or the members of the town council shall not give orders to any such officer or employee, either publicly or privately. SECTION 4 . Said Act is further amended by striking Section 25 of said Act and inserting in lieu thereof a new Section 25 to read as follows: SECTION 25. Municipal officers and employees. The town council, by majority vote of the mayor and council, shall elect any or all of the following municipal officers: Tax collector, tax receiver, tax commissioner, registrar, members of authorized municipal agencies and commissions, chief of police, town marshal, judge of the municipal court, judge pro tempore, clerk of the court, administrative clerks of the court, town physician, town attorney, superintendent of waterworks and sewerage, street superintendent, superintendent of utilities, superintendent of the public works department, town clerk, and town administrator.

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Except as otherwise provided in this charter or by ordinance, other employees of the town shall be employed or appointed by the town administrator as provided in Section 7.1 of this charter. The town council may designate if it so desires that one person shall hold more than one of the offices or positions which it may create by ordinance. The council shall fix the compensation, prescribe the duties, and specify the term of employment of each person whom it shall employ; provided, however, that if the town council fails to state the term of employment, such employee so appointed or elected by the council shall serve only for and during the pleasure of the town council and may be removed by it from office or employment at the council's pleasure, with or without cause or notice. SECTION 5 . Said Act is further amended by striking subsection (b) of Section 30 of said Act and inserting in lieu thereof a new subsection (b) to read as follows: (b) The judge shall have the power to impose fines, costs, and forfeitures for the violation of any law or any ordinance of the Town of Thunderbolt passed in accordance with this charter. The court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $500.00 or six months in jail or any combination thereof. The court may fix punishment for offenses within its jurisdiction as provided in subsection (c) of Code Section 36-31-1 of the Official Code of Georgia Annotated or any other law of this state. The judge of such court shall have such other powers as provided for in Chapter 31 of Title 36 of the Official Code of Georgia Annotated or any other general law of this state. The judge shall be to all intents and purposes a magistrate so far as to enable the judge to issue warrants for offenses committed within the limits of the Town of Thunderbolt, which warrants may be executed by any officer of said town, and to admit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. The court shall also have concurrent jurisdiction with that of the magistrate court over offenses against the criminal laws of the state committed within the corporate limits. Except as may be otherwise specified in this charter, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Thunderbolt. The 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, particularly such laws as authorize the abatement of nuisances. The judge is authorized to administer oaths. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed.

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Notice of Intent to Introduce LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1995 session of the General Assembly of the State of Georgia, legislation to amend the Charter of the Town of Thunderbolt to provide for a Town Administrator and to set forth the duties and responsibilities of the Town Administrator. Notice is also hereby given that the Charter will be amended so as to modify the fines, sentences and other punishments that may be imposed by the Judge of the Recorder's Court of the Town of Thunderbolt. This notice is hereby given this 11th day of February, 1995. Ronald Ginsberg Town Attorney Town of Thunderbolt GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Diane Harvey Johnson, who, on oath, deposes and says that she 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: February 11, 1995. /s/ Diane Harvey Johnson Senator, 2nd District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. HENRY COUNTY BOARD OF ELECTIONS; CREATION. No. 201 (Senate Bill No. 402). AN ACT To provide for the Henry County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, oaths, and certain privileges; to provide for a chairperson and the terms, powers, and duties thereof; to

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provide for compensation of the chairperson, members, and staff of the board; to provide for powers and duties of the board; to provide for board organization and regulations; to provide for the expenditure of public funds by the board; to relieve certain officers and other boards of certain powers and duties and require certain transfers to the board; to provide for offices, supplies, and staff; to provide for board contracts; to provide for definitions; to provide for authority; to require certain submissions; 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 in and for Henry County the Henry County Board of Elections which shall succeed to all the powers and duties of that board of elections established in and for counties having a population of not less than 23,600 and not more than 25,000, according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 31, 1976 (Ga. L. 1976, p. 3617), as amended. The Henry County Board of Elections so created, sometimes referred to in this Act as the board, is empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections. SECTION 2 . The board shall be composed of three members, each of whom shall be an elector and resident of Henry County, and shall be appointed by the governing authority of Henry County in the following manner: (1) One member of the board of elections shall be a member of a political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member; (2) One member of the board of elections shall be a member of a political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each appointment pursuant to paragraph (1) or (2) of this section shall be made from a list of candidates submitted to the governing authority at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office by the county executive committee of each such political party. Each county committee shall submit the names of at least two electors for each office or vacancy and the appointment shall be made therefrom; and (3) One member shall be appointed by the county governing authority.

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SECTION 3 . The appointment of each member shall be made by the county governing authority by filing an affidavit with the clerk of the Superior Court of Henry County 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. That clerk of the superior court shall record each of such certifications on the minutes of the court, shall certify the name of each such appointed member to the Secretary of State, and shall provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. SECTION 4 . (a) The initial members of the Henry County Board of Elections created by this Act shall be: (1) Except as provided in paragraph (2) of this subsection, those persons who were serving on June 29, 1992, as members of the board of elections which was created in and for counties having a population of not less than 23,600 and not more than 25,000, according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 31, 1976 (Ga. L. 1976, p. 3617), as amended; or (2) If one or more persons have been appointed to fill a vacancy in such office or as successor to a member serving on June 29, 1992, the last person appointed to fill a vacancy in office or as a successor to a member serving on June 29, 1992, shall replace the predecessor member serving on June 29, 1992, as an initial member of the board created by this Act. Those two members who serve in membership positions which originally had initial terms of office of two years each under said 1976 Act shall have their terms of office as members under this Act expire at the same time provided for those positions in said 1976 Act. That member who serves in a membership position which originally had an initial term of office of four years under said 1976 Act shall have his or her term of office as member under this Act expire at the time provided for that position in said 1976 Act. (b) Successors and future successors shall be appointed in the manner described in Section 2 of this Act and shall serve for terms of office of four years each and until their successors are duly appointed and qualified. SECTION 5 . (a) Each member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving written notice of resignation

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to the county governing authority and to the clerk of the Superior Court of Henry County. (b) All members 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 member of the board before the expiration of such person's term by removal, death, resignation, or otherwise, the county governing authority shall appoint a successor to serve the remainder of the unexpired term in the manner described in Section 2 of this Act. The clerk of the Superior Court of Henry County shall be notified of interim appointments and shall record and certify such appointments and changes in the same manner as for the regular appointments of members. SECTION 7 . Before entering upon their duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 8 . No person who holds elective public office shall be eligible for appointment to the board 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 office. SECTION 9 . (a) The board shall elect one of its members to serve as chairperson at the pleasure of the board. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. (b) The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. SECTION 10 . Compensation for the chairperson and members of the board, clerical assistants, and other employees shall be such as may be fixed by the governing authority of Henry County. Said compensation shall be paid totally from county funds of Henry County. SECTION 11 . The board shall have the following powers and duties:

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(1) It shall succeed to and exercise all of the duties granted to and incumbent upon the election superintendent of Henry County pursuant to the provisions of Title 21 of the O.C.G.A., as now or hereafter amended, and any other provision of law. (2) It shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee of each political party, governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the board, poll workers shall be property trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the O.C.G.A., relating to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board. (3) It shall be responsible for the selection, appointment, and training of poll workers in elections; and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. SECTION 12 . The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall be in conflict with any other provision of law. SECTION 13 . With the consent of the governing authority of Henry County, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designated to inform and instruct adequately electors of the county with regard to elections. SECTION 14 . The election superintendent of Henry County is relieved from all powers and duties to which the board succeeds by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon that person's written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. The judge of the Probate Court of Henry County shall continue to swear in all persons elected to public office. SECTION 15 . The governing authority of Henry 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.

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SECTION 16 . The board shall have the authority to contract with any municipality located within Henry County for the holding of any primary or election by the board to be conducted within the municipality. SECTION 17 . The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A. unless otherwise clearly apparent from the text of this Act. SECTION 18 . This Act is enacted pursuant to the authority granted by Code Section 21-2-40 of the O.C.G.A. to create boards of election and registration by local Act. SECTION 19 . It shall be the duty of the governing authority of Henry County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, to the United States Attorney General for approval. SECTION 20 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 21 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the Henry County Board of Elections and to provide that such board shall succeed to the powers and duties of another board of elections and of the election superintendent; to provide for matters related thereto; and for other purposes. This 2 day of January, 1995. Senator Mike Crotts District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who, on oath, deposes and says that he is Senator from the 17th District, and that the attached copy of

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Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: February 10, 1995. /s/ Mike Crotts Senator, 17th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF EAST DUBLIN CORPORATE LIMITS. No. 202 (Senate Bill No. 464). AN ACT To amend an Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, so as to change the corporate limits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a charter for the City of East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, is amended by adding a third unnumbered paragraph to Section 1.11, relating to the corporate limits of said city, to read as follows: To find the POINT OF BEGINNING at a point on the eastern bank of the Oconee River, and immediately under and in the center of the railroad trestle, which crosses the Oconee River leading from the City of Dublin, which trestle is jointly used by the Wrightsville and Tennille Railroad Company and the Macon, Dublin Savannah Railroad Company, and running thence northerly along the center line of Railroad tracks 67 degrees 30 minutes East a distance of 1231 feet to a point; thence from said point along the center of the track of Macon, Dublin Savannah Railroad North 79 degrees 15 minutes East a distance of 650 feet to a point; thence South 61 degrees 30 minutes East a distance of 750 feet to a point; thence continuing along the center of said railroad tracks South 35 degrees East a distance of 1300 feet to a point; thence South 78 degrees East a distance of 550 feet to a point; thence South 52 degrees 45 minutes East a distance of 220 feet to a point; thence South

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65 degrees 50 minutes East a distance of 2860 feet to a point; thence South 58 degrees 40 minutes East a distance of 1300 feet to a point and the POINT OF BEGINNING; thence South 55 degrees 30 minutes West a distance of 1120.0 feet to a point; thence South 74 degrees 15 minutes East a distance of 290 feet to a point; thence South 00 degrees 30 minutes East a distance of 410 feet to a point; thence South 09 degrees 30 minutes West a distance of 180 feet to a point; thence South 11 degrees 30 minutes East a distance of 100 feet to a point; thence South 78 degrees 30 minutes West a distance of 100 feet to a point; thence North 11 degrees 30 minutes West a distance of 100 feet to a point; thence North 78 degrees 30 minutes East a distance of 45 feet to a point; thence North 09 degrees 30 minutes East a distance of 195 feet to a point; thence North 00 degrees 30 minutes West a distance of 400 feet to a point; thence North 74 degrees 15 minutes West a distance of 335 feet to a point; thence North 55 degrees 30 minutes East a distance of 1170 feet to a point located on the center line of the Seaboard Systems Railroad track; thence South 31 degrees 30 minutes East a distance of 50.1 feet to the POINT OF BEGINNING. The property described in this paragraph shall be deannexed from the corporate limits on May 1, 1999, and shall no longer be included within the corporate limits of the city on and after such date. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Notice is hereby given that there will be introduced in the 1995 regular session of the General Assembly of Georgia, a Bill to amend the Charter of the City of East Dublin, Georgia, by annexing additional area into the city limits of the City of East Dublin; to provide for an effective date; to repeal conflicting laws; and, for other purposes. William L. Tribble Attorney for East Dublin, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh M. Gillis, Sr., who, on oath, deposes and says that he is Senator from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Courier Herald, which is the official organ of Laurens County, on the following date: March 4, 1995. /s/ HUGH M. GILLIS, SR. Senator, 20th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. PIERCE COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 203 (Senate Bill No. 468). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Pierce County shall be elected by the qualified voters of Pierce County in a nonpartisan primary and election. Except as otherwise provided in this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1998 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, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified. SECTION 3 . Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not

Page 4207

be required to place the name of any such candidate on the primary ballot. A candidate may have his or her 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 or her 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, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce County; to provide for related matters; to repeal conflicting laws; and for other purposes. This 22nd day of February, 1995. Honorable Edward E. Boshears Senator, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. Boshears, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 4208

Blackshear Times, which is the official organ of Pierce County, on the following date: March 1, 1995. /s/ Edward E. Boshears Senator, 6th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF DECATUR HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 204 (Senate Bill No. 456). AN ACT To provide a homestead exemption from City of Decatur School District ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead for certain residents of that school district who have annual incomes of less than $40,000.00 and who are 80 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 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 Decatur School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. SECTION 2 . (a) Each resident of the City of Decatur School District who is 80 years of age or older before January 1 of the year in which the resident applies for

Page 4209

the exemption granted by this Act is granted an exemption on that person's homestead from all City of Decatur School District ad valorem taxes for educational purposes for the full amount 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 $40,000.00 for the immediately preceding taxable year. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the governing authority of the City of Decatur or its designee giving the person's age, the amount of gross income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the governing authority to make a determination as to whether such owner is entitled to such exemption. The governing authority or its designee shall provide affidavit forms for this purpose. SECTION 3 . The governing authority of the City of Decatur 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. After the person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit 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 governing authority of the City of Decatur 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, county taxes, or City of Decatur taxes for municipal purposes. SECTION 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1996. SECTION 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Decatur shall call and conduct

Page 4210

an election as provided in this section for the purpose of submitting this Act to the electors of the City of Decatur School District for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. or, if any other Act enacted by General Assembly of Georgia at the regular session in 1995 requires a referendum or special election in the City of Decatur or the City of Decatur School District in 1995, on the same date as such other referendum or special election. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of 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 City of Decatur School District ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead for certain residents of that school district who are 80 years of age or over and who have annual incomes of less than $40,000.00? 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, Sections 1 through 6 shall become of full force and effect on January 1, 1996. If the Act is 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 Decatur. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to provide a homestead

Page 4211

exemption from City of Decatur School District ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead of certain residents of that school district who have annual incomes of less than $40,000.00 and who are 80 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability, a referendum, effective dates, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. This 9th day of February, 1995. Honorable Mary Margret Oliver Senator, 42nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who, on oath, deposes and says that she is 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: February 9, 1995. /s/ Mary Margaret Oliver Senator, 42nd District Sworn to and subscribed before me, this 13th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 5, 1995. PIERCE COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 205 (Senate Bill No. 470). AN ACT To provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.

Page 4212

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The chief magistrate of the Magistrate Court of Pierce County shall be elected by the qualified voters of Pierce County in a nonpartisan primary and election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. SECTION 2 . Beginning with the election held in 1998 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the chief magistrate of the magistrate court, and shall take office on January 1 immediately following such election for a term of four years and until such chief magistrate's successor is elected and qualified. SECTION 3 . Candidates for the office of chief magistrate of the magistrate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. SECTION 4 . The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of chief magistrate of the magistrate court and shall be the only candidate for such office to have his or her name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the same day as a runoff from the general primary, as provided by state law, to determine which candidate will be on the general election ballot. SECTION 5 . The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party. SECTION 6 . This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A.

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SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County; to provide for related matters; to repeal conflicting laws; and for other purposes. This 22nd day of February, 1995. Honorable Edward E. Boshears Senator, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. Boshears, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blackshear Times, which is the official organ of Pierce County, on the following date: March 1, 1995. /s/ Edward E. Boshears Senator, 6th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. PIERCE COUNTY BOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS. No. 206 (Senate Bill No. 469). AN ACT To amend an Act providing for the composition and selection of the board of education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, so as to provide for the nonpartisan nomination and election of the members of such board; to repeal conflicting laws; and for other purposes.

Page 4214

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the composition and selection of the board of education of Pierce County, approved April 12, 1982 (Ga. L. 1982, p. 4649), as amended, is amended by striking subsection (b) of Section 4 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The first members of the board of education of Pierce County provided for in this subsection shall be elected at the general election of 1982 and shall take office on the first day of January, 1983. Members elected from Education District No. 1 and Education District No. 3 shall be elected for terms of two years and until their successors are elected and qualified. Members elected from Education District No. 2 and Education District No. 4 and the member elected as chairperson shall be elected 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 their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. All members of said board shall be nominated and elected in nonpartisan primaries and elections as provided in Code Section 21-2-139 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 1995 session of the General Asseembly of Georgia a bill to amend an Act providing for the composition and selection of the board of education of Pierce County, so as to provide for the nonpartisan nomination and election of the members of such board; to provide for related matters; to repeal conflicting laws; and for other purposes. This 22nd day of February, 1995. Honorable Edward E. Boshears Senator, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. Boshears, who, on oath, deposes and says that he is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 4215

Blackshear Times, which is the official organ of Pierce County, on the following date: March 1, 1995. /s/ Edward E. Boshears Senator, 6th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. FORSYTH COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 207 (Senate Bill No. 473). AN ACT To provide a homestead exemption from Forsyth County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for a three-year phase in period for such exemption; 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 county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Forsyth County, including, but not limited to taxes to pay interest on and to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means net income, as defined by Georgia law, from all sources. 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

Page 4216

retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such 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. (4) Senior citizen means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2 . (a) Each resident of Forsyth County who is a senior citizen is granted an exemption on that person's homestread from all Forsyth County ad valorem taxes for county purposes in the amount of $6,000.00 of the assessed value of that homestead for the taxable year beginning on or after January 1, 1997, and prior to January 1, 1998; $8,000.00 of the assessed value of that homestead for the taxable year beginning January 1, 1998, and prior to January 1, 1999; and $10,000.00 of the assessed value of that homestead for all taxable years beginning on or after January 1, 1999, if that person's income, together with the income of the spouse of such person who also occupies and resides within such homestead, does not exceed $12,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) 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 Forsyth County giving the person's age, and the amount of income which the person and the person's spouse occupying and residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. SECTION 3 . The tax commissioner of Forsyth 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. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make

Page 4217

application and file such affidavit 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 Forsyth 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, 1995, has applied for and is eligible for the homestead exemption from Forsyth County ad valorem taxes for county purposes pursuant to Code Section 48-5-47 of the O.C.G.A., shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. SECTION 5 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Forsyth 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 Forsyth 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, 1997. 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 this Act to the electors of Forsyth County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 1996, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides an increase in the homestead exemption from Forsyth County ad valorem taxes for county purposes from $4,000.00 to $10,000.00 of the assessed value of the homestead over a three-year period for certain residents of the county who are 65 years of age or over and who have annual incomes not exceeding $10,000.00?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect on January 1, 1997. If the Act is 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 Forsyth County. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to provide a homestead exemption from Forsyth County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to provide for a three-year phase in period for such exemption; 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; and for other purposes. This 20th day of February, 1995. /s/Senator Clinton M. Day, 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clinton M. Day, who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Forsyth County News, which is the official organ of Forsyth County, on the following date: February 22, 1995. /s/ Clinton M. Day Senator, 48th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. ALCOVY JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 208 (Senate Bill No. 466). AN ACT To amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit; to repeal certain provisions relative to the cost-of-living increases for such judges; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, is amended by striking Section 2A of said Act in its entirety and inserting in lieu thereof a new Section 2A to read as follows: SECTION 2A. In addition to the salary and expense allowances payable from state funds, each judge of the Superior Courts of the Alcovy Judicial Circuit shall receive a salary supplement of $900.00 per month from each county which comprises the Alcovy Judicial Circuit. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Alcovy Judicial Circuit approved March 9, 1972 (Ga. L. 1972 p. 102), as amended, and for other purposes. This 1st day of March, 1995. Honorable Arthur C. Guhl GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur C. Guhl, who, on oath, deposes and says that he is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of Newton County, on the following date: March 2, 1995. /s/ Arthur C. Guhl Senator, 45th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Alcovy Judicial Circuit approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, and for other purposes. This 1st day of March, 1995. Honorable Arthur C. Guhl Senator, 45th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur C. Guhl, who, on oath, deposes and says that he is Senator from the 45th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Walton Tribune, which is the official organ of Walton County, on the following date: March 1, 1995. /s/ Arthur C. Guhl Senator, 45th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. ALCOVY JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 209 (House Bill No. 1023). AN ACT To amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit; to repeal certain provisions relative to the cost-of-living increases for such judges; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, is amended by striking Section 2A of said Act in its entirety and inserting in lieu thereof a new Section 2A to read as follows: SECTION 2A. In addition to the salary and expense allowances payable from state funds, each judge of the Superior Courts of the Alcovy Judicial Circuit shall receive a salary supplement of $900.00 per month from each county which comprises the Alcovy Judicial Circuit. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Alcovy Judicial Circuit, approved March 9, 1972 (Ga. L. 1972 p. 152); as amended, and for other purposes. This 1st day of March, 1995. Honorable Arthur C. Guhl 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 92nd 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 2, 1995. /s/ Denny M. Dobbs Representative, 92nd District Sworn to and subscribed before me, this 8th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act creating the Alcovy Judicial Circuit approved March 9, 1972 (Ga. L. 1972, p. 152), as amended, and for other purposes. This 1st day of March, 1995. Honorable Arthur C. Guhl Senator, 45th 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 92nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Walton Tribune, which is the official organ of Walton County, on the following date: March 1, 1995. /s/ Denny M. Dobbs Representative, 92nd District Sworn to and subscribed before me, this 8th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CHEROKEE COUNTY PARKS AND RECREATION AUTHORITY CREATION. No. 210 (House Bill No. 951). AN ACT To create the Cherokee County Parks and 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, 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, stadiums, related buildings, golf courses, 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 Board of Commissioners of Cherokee County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions 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 to that purpose revenues derived from taxation; to provide that no debt of Cherokee County 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

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by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; 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; 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; to provide that bonds 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 budgets and procedures in connection therewith; to provide for audits; to provide for funding; to provide for personnel; to provide for conveyance of property upon dissolution; to provide for bonding limitations; to provide for automatic repeal of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Cherokee County Parks and Recreation Authority Act. SECTION 2 . (a) There is created a body corporate and politic to be known as the Cherokee County Parks and 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, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in a courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority 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 Cherokee County and its legal situs or residence for the purposes of this Act shall be Cherokee 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 five members, with each member to be appointed by each member of the Board of Commissioners of Cherokee County. The terms of the membership of the Cherokee County Parks and

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Recreation Authority shall coincide with the terms of each member of the Board of Commissioners of Cherokee County appointing the same. However, one member of the authority shall be a member of the Board of Commissioners of Cherokee County with said member to be appointed by the chairperson of the board of commissioners. Said member so appointed will also make an appointment. To be eligible for membership on the authority, each member must be a resident of Cherokee County for at least one year and reside in the commission district of the commissioner making the appointment, except as set forth above. (c) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting. (d) 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. (e) The authority shall elect one of its members as chairperson and one of its members as vice chairperson. The clerk of the Board of Commissioners of Cherokee County shall be the secretary and treasurer. Said clerk shall not be a member of the authority. (f) The county attorney shall be the attorney for the authority and serve as its counsel in all matters. (g) 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. (h) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (i) Any member of the authority may be removed from office by the governing authority of Cherokee County for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by a majority of the authority. Any office so vacated shall be filled within 60 days by appointment as provided in subsection (d) of this section. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed. SECTION 3 . As used in this Act, the term: (1) Authority shall mean the Cherokee County Parks and 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

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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 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, 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, stadiums, related buildings, golf courses, 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, means 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. (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, 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.

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SECTION 4 . (a) 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 or 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 name of the Board of Commissioners of Cherokee County or any municipality incorporated in said county, the governing authority or body of said county or any of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of said county or municipalities 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 chairperson 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 compensation; (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 Cherokee County or any municipality in Cherokee County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and

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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 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, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and 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 not in conflict with the Constitution and laws of this state;

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(11) 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 Cherokee County or a municipality within it as the lessee; (12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (13) To make recommendations to the Board of Commissioners of Cherokee County on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Cherokee County and the municipalities within it. (b) 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. 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 on or before December 31, 2000, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments 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 said bonds and the income thereof shall be exempt from all taxation within the state.

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SECTION 7 . The authority may sell such bonds in such manner and for such prices as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 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 of the O.C.G.A., 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, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise in a newspaper of general circulation throughout Cherokee County at least once for three consecutive weeks the intent to vote on these bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place when the authority will vote on the issue. 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 of Cherokee County, 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. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including specifically said county, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Cherokee County 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 Article IX, Section V, Paragraph I of the Constitution of the State of Georgia.

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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. Without limiting the obligations of any political subdivision contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with whom such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise their intention and call at least one public hearing on the subject not less than three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract. 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. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, 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 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 the authority.

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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 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 the Act or any suit or action against such authority shall be brought in the Superior Court of Cherokee County 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 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,

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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 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. SECTION 18 . The Cherokee County Parks and Recreation Authority shall develop a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. Said plan shall be known as the Annual Operating and Capital Budget of the Cherokee County Parks and Recreation Authority. The plan shall be adopted on or before December 30 of any given year, with an effective date of January 1. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classification and purpose. The authority shall give at least two weeks public notice, by way of publication in the legal organ of the county, prior to adopting the annual budget. Said notice shall clearly state all proposed fees, charges, taxes, and other sources of revenue and their proposed usage. Prior to budget adoption, the authority shall hold a public hearing for the purpose of receiving public comment. Said hearing date, time, and place shall be so noted in the required public notice. SECTION 19 . Each year the Cherokee County Parks and Recreation Authority shall have made an independent audit and examination of the authority's financial records and transactions. Said audit shall be made in accordance with established national audit and accounting standards. Copies of said audit shall be available for public review and provided to each participating jurisdiction. SECTION 20 . The Cherokee County Parks and Recreation Authority shall prepare a budget for each operating year. Funding for the Cherokee County Parks

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and Recreation Authority may be provided by the governing authority of Cherokee County on an interim basis, but it is the intent that when possible, funding for the Cherokee County Parks and Recreation Authority shall be provided by and through taxes assessed upon alcoholic beverages within Cherokee County. SECTION 21 . The Cherokee County Parks and Recreation Authority is authorized to appoint, select, and employ officers, agents, and employees and adopt rules and regulations governing their services and fix their respective compensations and terms of employment. SECTION 22 . This Act and any other law enacted with reference to the Cherokee County Parks and Recreation Authority shall be liberally construed for the accomplishment of its purposes. SECTION 23 . The scope of the authority's operation shall be limited to the territory embraced within Cherokee County. SECTION 24 . (a) Notwithstanding any other provision of this Act to the contrary, any indebtedness whatsoever incurred by or on behalf of the authority must be repaid in full not later than December 31, 2000. (b) The Act shall stand repealed in its entirety on December 31, 2000. SECTION 25 . When the authority for any reason is 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 Cherokee County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. SECTION 26 . Should any sentence, clause, phrase, or part of the 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.

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SECTION 27 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 28 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Please take notice that there will be introduced at the regular 1995 session of the Georgia General Assembly, a bill to create a Recreation Authority within Cherokee County; and other purposes. This 10th day February, 1995 /s/ R. Mark Mahler R. Mark Mahler, County Attorney Cherokee County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland F. Pinholster, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Citizen, which is the official organ of Cherokee County, on the following date: February 15, 1995. /s/ Garland F. Pinholster Representative, 15th District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 5, 1995. PIERCE COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 211 (House Bill No. 1021). AN ACT To amend an Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4836), so as to change the descriptions of the commissioner districts and provide for definitions

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and inclusions of parts of commissioner districts; to provide for the submission of this Act to the United States Attorney General; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4836), is amended by striking subsections (a), (b), and (e) of Section 1 and inserting in lieu thereof, respectively, the following: (a) There is created a board of commissioners of Pierce County. The board shall be composed of five members to be elected as provided in this section. For the purposes of electing members of the board, Pierce County shall be divided into four commissioner districts as follows: Commissioner District: 1 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603. Block(s): 121, 122, 128, 129, 130, 131, 132, 155, 163B, 164A, 164B, 165, 167, 168, 169, 170B, 171, 172B, 173B, 233, 234, 235, 247, 248, 249, 250, 252, 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, 306, 307, 308, 309, 310A, 310B, 311, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 318C, 319, 320, 321, 322, 323, 324, 325, 326, 327, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 354A, 354B, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 401A, 401B, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 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, 467A, 467B, 468A, 468B, 468C, 469, 470, 471, 472, 473, 474 Commissioner District: 2 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part)

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Tract: 9603. Block(s): 162, 163A, 170A, 172A, 173A, 304, 305, 328, 329 VTD: 0002 BLACKSHEAR (Part) Tract: 9603. Block(s): 108, 110A, 110B, 134, 135, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 166A, 166B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 301, 302, 303 Tract: 9604. Block(s): 201A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321A, 321B, 322, 323, 324, 325, 326, 327, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 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, 476, 477, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497A, 497B, 497C VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604. Block(s): 483, 485 Commissioner District: 3 PIERCE COUNTY VTD: 0002 BLACKSHEAR (Part) Tract: 9601. Block(s): 195 Tract: 9602. Block(s): 264, 265, 272, 273, 274, 275, 279, 280 Tract: 9603. Block(s): 106, 107, 109, 111, 113

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Tract: 9604. Block(s): 108, 109, 110, 111, 112 VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604. Block(s): 201B, 201C, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237A, 237B, 237C, 237D, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 478, 479, 480, 481, 482 VTD: 0004 OTTER CREEK 3B Commissioner District: 4 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603. Block(s): 240, 241, 242, 243, 244, 245, 246, 251, 253, 254 VTD: 0002 BLACKSHEAR (Part) Tract: 9603. Block(s): 101, 102, 103, 104, 105, 112, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 126, 127, 133 VTD: 0005 PATTERSON 4A (Part) Tract: 9601. 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, 141A, 141B, 142, 143, 144, 145, 146A, 146B, 147A, 147B, 148A, 148B, 149, 150A, 150B, 151B, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 164, 165, 166, 167, 168, 169, 170, 177, 178, 179, 181A, 181B, 182, 183, 184, 185, 186, 187A, 187B, 188, 189, 190, 191, 194, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218B, 219, 220, 221, 222, 223, 224, 256, 258, 259, 260 Tract: 9602. Block(s): 124, 125, 126, 127, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 166, 167, 169, 170,

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171, 178, 179, 180, 181, 182, 183, 184, 185, 212, 213, 214, 220, 221, 223, 224, 225, 226, 228, 266, 267, 268, 269, 270, 271 VTD: 0006 MERSHON 4B VTD: 0007 SUNSET-SWEAT 4C (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 Pierce 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 Pierce 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) The members of the board of commissioners of Pierce County in office on January 1, 1995, shall continue in office for the remainder of their terms and until their successors are duly elected and qualified. SECTION 2 . It shall be the duty of the governing authority of Pierce County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval.

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SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended; and for other purposes. This 28th day of February, 1995. Representative Tommy Smith 169th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who, on oath, deposes and says that he is Representative from the 169th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blackshear Times, which is the official organ of Pierce County, on the following date: March 1, 1995. /s/ Tommy Smith Representative, 169th District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF OCILLA MAYOR AND COUNCIL; DISTRICTS; ELECTIONS. No. 212 (House Bill No. 893). AN ACT To amend an Act incorporating the City of Ocilla, approved December 18, 1902 (Ga. L. 1902, p. 525), as amended, so as to provide for the election of the mayor and councilmembers from districts; to provide for such districts; to provide for related matters; to provide for submission to the U.S. Department of Justice; 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 Ocilla, approved December 18, 1902 (Ga. L. 1902, p. 525), 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) On the Tuesday next following the first Monday in November in each odd-numbered year, an election shall be conducted in the City of Ocilla for the purpose of electing candidates to succeed those city officials whose terms shall expire on December 31 of that year. To be elected a candidate shall receive a plurality of the votes cast for such office by the voters of that district or for the office of mayor by the voters of the entire City of Ocilla. (b) The mayor and those councilmembers in office on the effective date of this Act shall continue to serve until the expiration of their terms and until their successors are elected and qualified. The election to be held in November, 1995, shall be at large and the councilmembers elected at such election shall take office January 1, 1996, and shall serve until the expiration of their terms and until their successors are elected and qualified. (c) The mayor and councilmembers representing Districts 3 and 4 shall be elected at the general municipal election to be held in November, 1997. The councilmembers representing Districts 1, 2, and 5 shall be elected at the general municipal election to be held in November, 1999. Each person offering for election shall designate the district for which the person is offering or the position of mayor. All terms of office shall be for four years and until successors are elected and qualified. (d) For the purpose of electing the councilmembers of the City of Ocilla, the City of Ocilla is divided into districts as follows: District: 1 IRWIN COUNTY VTD: 0003 MINNIE (Part) Tract: 9502. Block(s): 126A, 126B, 127A, 127B, 129A, 431A, 432A VTD: 0005 OCILLA (Part) Tract: 9502. Block(s): 138A, 138B, 139A, 141A, 142A, 157D, 159A, 160, 161, 162, 163, 164, 165, 166, 167, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 357A, 433A, 433B, 434A, 434B, 434C, 435

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District: 2 IRWIN COUNTY VTD: 0005 OCILLA (Part) Tract: 9502. Block(s): 157C, 171C, 208, 209, 210, 217, 218, 219, 220, 221, 222, 223, 224, 228, 229, 230, 231, 312, 314, 315, 316, 317, 318, 319, 320 District: 3 IRWIN COUNTY VTD: 0005 OCILLA (Part) Tract: 9502. Block(s): 157A, 157B, 158A, 201A, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 216, 301 District: 4 IRWIN COUNTY VTD: 0005 OCILLA (Part) Tract: 9502. Block(s): 313, 321, 322, 323, 324, 325, 326, 327, 328, 329, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 352, 353, 354, 355, 356A, 436A, 483A, 483B, 484A, 485, 486A, 487A, 487B, 487C, 488A, 489A, 503, 504, 505, 506, 511, 512, 513A, 514, 516A, 517A, 522A, 524A District: 5 IRWIN COUNTY VTD: 0005 OCILLA (Part) Tract: 9502. Block(s): 168A, 169, 170, 171A, 171B, 172, 173, 225, 226, 227, 232, 233, 234, 235, 236, 237, 238, 239, 240A, 241, 242, 243, 244, 245, 246A, 330, 331, 332, 333, 346, 347, 348, 349, 350, 351, 501, 502, 507, 508, 509, 510, 515, 516B, 517B, 518A (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

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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 councilmember 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 councilmember 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 Ocilla which is not included in any councilmember district described in this section shall be included within that councilmember 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 City of Ocilla which is described in this section as being included in a particular councilmember district shall nevertheless not be included within such councilmember district if such part is not contiguous to such councilmember district. Such noncontiguous part shall instead be included within that councilmember 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 . It shall be the duty of the attorney for the City of Ocilla to submit this Act to the United States Attorney General for approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INCORPORATE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Ocilla, approved December 18, 1902 (Ga. L. 1902, p. 525), as amended, so as to provide for the election of the mayor

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and to provide for the election of the councilmembers from districts; and for other purposes. This 7th day of February, 1995. Freeman L. Jones Mayor, City of Ocilla 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 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star, which is the official organ of Irwin County, on the following date: February 15, 1995. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF BLACKSHEAR CORPORATE LIMITS. No. 213 (House Bill No. 937). AN ACT To amend an Act providing a new charter for the City of Blackshear, approved March 19, 1993 (Ga. L. 1993, p. 4091), as amended, so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Blackshear, approved March 19, 1993 (Ga. L. 1993, p. 4091), as amended, is amended by striking Section 1.11 of said Act and inserting in lieu thereof a new Section 1.11 to read as follows:

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SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: `Official Map or Description of the Corporate Limits of the City of Blackshear, 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) In addition to such boundaries as described in subsection (a) of this section, the boundaries of the city shall also include the following described territory, to wit: TRACT ONE: All that tract or parcel of land situate, lying and being 53.214 acres of land in Land Lot 94 of the 4th Land District of Pierce County, Georgia, being more particularly shown on that plat of survey prepared by D. Lavone Herrin, G.R.L.S. NO. 2171, dated October 25, 1993, and recorded in the office of the Clerk of the Pierce County Superior Court in Plat Book 14, page 110, reference being made to said plat for all proper purposes. Said tract being a portion of that tract containing 166.5 acres, more or less, described in that certain deed to assent dated October 29, 1984, and recorded in deed Book 192, page 561, in the public land records of Pierce County, Georgia. TRACT TWO: That certain lot, tract or parcel of land consisting of 69.905 acres, more or less, of original Land Lot No. 95 of the 4th Land District of Pierce County, Georgia, being more particularly described as follows: From the Southeast corner of Land Lot No. 95 of the 4th Land District of Pierce County, Georgia, thence running North 24 degrees 17 minutes 55 seconds West for a distance of 2,060.52 feet to a concrete marker, the last mentioned concrete marker being the point or place of beginning; thence running along the center of a certain branch in a Southwesterly direction to a concrete marker on the Eastern margin of that certain public road known as the County Farm Road, being a paved road and being State Road 1903; thence running along the eastern margin of said State Road 1903 in Northeasterly direction for a distance of 673.73 feet to a right-of-way marker; thence running along the Eastern margin of said State Road No. 1903 North 08 degrees 36 minutes East for a distance of 1,252.86 feet West to a

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concrete marker; thence running South 85 degrees 40 minutes 15 seconds East for a distance of 1,603.53 feet to a concrete marker, thence running South 08 degrees 36 minutes West for a distance of 1602.02 feet to the point or place of beginning, and being bounded as follows: on the North and East by other lands of Pierce County, Georgia, commonly known as the Pierce County Farm property; on the West by that certain public road known as the County Farm Road and designated as State Road 1903 and on the South by the run of a certain branch separating the within lands from lands of C. T. Houston and lands of W. L. Houston. For a more complete description of the within described real property reference is hereby made to a plat made from a survey by Addison L. Strickland, Pierce County Surveyor on July 22, 1977, a copy of said plat to be recorded along with this instrument. Reference is hereby made to said plat for all purposes. TRACT THREE: All that tract and parcel of land situate, lying and being in Land Lot 47 of the 4th Land District of Pierce County, Georgia, containing 47.245 acres and more particularly described as follows: Beginning at a point on the northern right of way of that certain paved street in Pierce County, Georgia known as Moore Street where it intersects a certain graded road known as Grady Street Extension and from said point thence North 2 degrees 17 minutes East a distance of 478.63 feet to a point; thence North 2 degrees 15 minutes 20 seconds a distance of 753.19 feet to a point; thence North 1 degree 37 minutes 24 seconds East a distance of 473.29 feet to a point; thence 0 degrees 24 minutes 45 seconds East a distance of 44.37 feet to a point; thence South 87 degrees 36 minutes 40 seconds East a distance of 1246.91 feet to a point; thence South 6 degrees 01 minutes 49 seconds a distance of 636.78 feet to a point; thence South 4 degrees 26 minutes 42 seconds West a distance of 912.01 feet to a point; thence North 85 degrees 16 minutes 04 seconds West a distance of 148.32 feet to a point; thence South 3 degrees 42 minutes 24 seconds West a distance of 213.82 feet to a point; thence North 87 degrees 19 minutes 01 seconds West a distance of 1009.69 feet to a point this point being the point of place of beginning of the tract herein conveyed. Reference is hereby made to that certain plat of survey prepared by D. Lavone Herrin, Georgia Registered Land Surveyor Number 2171, dated October 15, 1993, recorded in Plat Book 14, page 58 of the Pierce County Land Records. Said plat is referred to for all legal and descriptive purposes. TRACT FOUR: All that tract or parcel of land situate, lying and being in original Land Lots 3, 4 and 44 of the 9th Land District of Pierce County, Georgia consisting of 175.10 acres, more or less, all as shown by that certain plat of survey, dated January 7, 1992, by H. W. Prevatt, G.R.L.S., which

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plat is recorded in Plat book 13, page 148 in the office of the Clerk of the Superior Court of Pierce County, Georgia. TRACT FIVE: All that tract or parcel of land situate, lying and being in Pierce County, Georgia; consisting of all of U. S. Highway 84 and its right of ways extending from the Western city limits of the City of Blackshear, Georgia, to the Eastern City limits of the City of Waycross, Georgia. TRACT SIX: All that tract or parcel of land sitaute lying and being in Pierce County, Georgia consisting of all of U.S. Hwy 84 and its right of ways extending from the Eastern city limits to the intersection of U.S. Hwy. 84 and County Farm Road (State Road 307), which is a distance of one (1) mile. TRACT SEVEN: All that tract or parcel of land situate, lying and being in Pierce County, Georgia, consisting of all County Farm Road, (State Road 307) and its right of ways, extending from the intersection of County Farm Road (State Road 307) and U. S. Highway 84 for a distance of two (2) miles to the intersection of County Farm Road (State Road 307) and Money Hole Road (County Road 382). TRACT EIGHT: All that tract or parcel of land situate, lying and being in Pierce County, Georgia, beginning at the intersection of Gordon Street with the city limits of the City of Blackshear, Georgia, and proceeding a distance of 178 feet to the intersection of Gordon Street with Moore Street and from the intersection from Gordon Street and Moore Street for a distance of 0.2 miles to the intersection of Grady Street and Moore Street, including all rights of ways associated with the said Gordon Street and Moore Street. 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 1995 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Blackshear, approved March 19, 1993 (Ga. L. 1993, p. 4091), as amended, and or other purposes. This 15th day of February, 1995. Brooks Hampton, Mayor
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who, on oath, deposes and says that he is Representative from the 171st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blackshear Times, which is the official organ of Pierce County, on the following date: February 22, 1995. /s/ Hinson Mosley Representative, 171st District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. COBB COUNTY STATE COURT; CHIEF JUDGE; CLERK; CHIEF DEPUTY CLERK; COMPENSATION. No. 214 (House Bill No. 923). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the chief judge, the clerk, and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking the paragraph at the end of Section 3, which reads as follows: The judge of said court who is senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expeditious disposition of the business of the state court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court

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shall, by majority vote, elect from their number a chief judge to serve a two-year term and until a successor is elected. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. The chief judge shall serve as liaison between the state court and the Board of Commissioners for Cobb County with respect to the budget, personnel, and other matters. He shall also serve as liaison between the state court and other courts and between the state court and the general public. He shall have such additional duties as may be agreed upon by the judges of the state court and as prescribed by general law. The chief judge of the State Court of Cobb County shall receive as additional compensation $1,200.00 per annum. and inserting in lieu thereof the following: The judge of said court who is senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expeditious disposition of the business of the state court and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court shall, by majority vote, elect from their number a chief judge to serve a two-year term and until a successor is elected. The chief judge shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. The chief judge shall serve as liaison between the state court and the Board of Commissioners for Cobb County with respect to the budget, personnel, and other matters. The chief judge shall also serve as liaison between the state court and other courts and between the state court and the general public. The chief judge shall have such additional duties as may be agreed upon by the judges of the state court and as prescribed by general law. The chief judge of the State Court of Cobb County shall receive as additional compensation $2,800.00 per annum. SECTION 2 . Said Act is further amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The salary of the chief deputy clerk shall be $47,928.40 per annum to be paid in equal monthly installments from funds of Cobb County.

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SECTION 3 . Said Act is further amended by striking from Section 23 the following: The clerk of the State Court of Cobb County shall receive an annual salary of $57,317.00, payable in equal monthly installments from the funds of Cobb County., and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $59,609.68, payable in equal monthly installments from the funds of Cobb County. 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 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters; and for other purposes. This 18 day of January, 1995. Cobb County Delegation 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 31st 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 20, 1995. /s/ Lynda Coker Representative, 31st District Sworn to and subscribed before me, this 16th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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TOWN OF WOOLSEY NEW CHARTER. No. 215 (House Bill No. 867). AN ACT To recreate and reincorporate the Town of Woolsey in Fayette County and grant a new charter to that municipality under such corporate name and style; to prescribe and define the corporate limits thereof; to provide for a mayor and town council and their election, terms of office, qualifications, compensation, expenses, oaths, vacancies, powers, and duties; to provide for removal from office; to provide a municipal government for the town and to declare the rights, powers, privileges, and liabilities of the municipal corporation; to provide for ordinances and voting; to provide for codes; to provide for meetings; to authorize the town to issue bonds and other evidences of debt for public purposes, such as for municipal buildings, libraries and equipment for same, sewers, electric lights, public parks, cemeteries, and waterworks; to declare and define the police powers of the town; to provide for a mayor pro tempore and other officers; to declare and define the duties and powers of the officers of the town; to provide for administration of the town; to provide for personnel; to provide for a municipal court and the judge, jurisdiction, practice, procedures, and penalties connected with such court; to provide for elections; to provide for financial and administrative affairs; to provide for the assessment, levy, and collection of ad valorem property taxes, licenses, occupational taxes, excise taxes, assessments, and other fees; to provide for bonds and notes; to provide for a fiscal year; to provide for budgets, contracts, and purchasing; to provide for other matters of municipal regulation, concern, and welfare; to provide for existing ordinances and regulations, bonds, pending matters, and continuance in office; to provide for penalties; to provide for related matters; to repeal specific laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CHARTER, INCORPORATION, POWERS SECTION 1.10 . Incorporation. The Town of Woolsey, Georgia, in Fayette County and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the Town of Woolsey, Georgia. Under that name, said town shall continue to be vested with all of the property and rights of property which belong to the corporation on the effective date of this charter; shall have perpetual succession with full powers to govern itself by such laws, rules, and regulations as it may deem proper, not conflicting

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with this charter; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and may renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. SECTION 1.11 . Corporate limits. The Town of Woolsey's corporate limits shall embrace and include all territory located in Land Lots 202, 203, 214 and 215 of the 4th Land District of Fayette County, Georgia, lying eastward of the center thread of Woolsey Creek, SAVE and EXCEPT that tract of land located in Land Lot 202 aforesaid, BEGINNING at the Southeast corner of said Land Lot 202; running thence northwardly, along the East line of said Land Lot 202, a distance of 764.58 feet to the Southeast corner of Lot 7, Phase 1 of Woolsey Creek Plantation subdivision as shown by plat of Larry Seabolt recorded in Plat Book 15 at Page 67, said records; thence South, 87 degrees, 7 minutes and 17 seconds West, along the South line of Lot 7 of the aforesaid phase of said subdivision and an imaginary westward projection thereof to the center thread of Woolsey Creek; thence southeastwardly, along the meandering center thread of Woolsey Creek, to its intersection with the South line of said Land Lot 202; thence eastwardly along the South line of Land Lot 202 back to the Southeast corner of said Land Lot 202 and the POINT OF BEGINNING of said last-excepted tract, the same being currently owned by Larry B. Bailey and being embraced by the description contained in that deed from Galdys Sams Jackson to Larry B. Bailey dated April 16, 1984, recorded in Deed Book 306 at Page 81, deed records of Fayette County, Georgia; further, SAVE AND EXCEPT those tracts or parcels of land locted in Land Lot 203 aforesaid and lying southward of a line beginning at the southeast corner of Lot 7, Phase I of Woolsey Creek Plantation subdivision as shown by the above-referenced plat of Larry Seabolt (which corner is located south, 1 degree and 44 minutes east, 300 feet from the northwest corner of the property formerly owned by W.A. Lunceford and being that tract second-described in that deed from Martha L. Kozisek to Griffin A. Lunceford dated October 18, 1979, recorded October 30, 1989 and recorded in Deed Book 577 at Page 484, deed records of Fayette County, Georgia), which line runs thence north, 87 degrees, 7 minutes and 17 seconds east, 2220.58 feet, more or less, to the west bound of that realty described by deed from C.C. Rogers to Charles D. McCann and Jan R. McCann dated June 10, 1992, recorded in Deed Book 257 at Page 231, deed records of Fayette County, Georgia (the realty so excepted being that described by deed from David J. Pearson and Trisha G. Pearson to Harry E. Peaden, Jr. and Cindy Peaden, dated December 31,

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1992, recorded in Deed Book 779 at Page 741, deed records of Fayette County, Georgia; a portion of that tract second-described in the above-referenced deed from Martha L. Kozisek to Griffin A. Lunceford dated October 18, 1979, recorded October 30, 1989 and recorded in Deed Book 577 at Page 484, deed records of Fayette County, Georgia; a portion of that tract described by deed from Griffin A. Lunceford to Marth L. Kozisek dated October 18, 1979, recorded October 30, 1989, in Deed Book 577 at Page 482, deed records of Fayette County, Georgia, and that tract described by deed from Fred H. Poteet and Sandra G. Poteet to Griffin A. Lunceford dated August 2, 1988, recorded in Deed Book 513 at Page 483, deed records of Fayette County, Georgia); further SAVE AND EXCEPT that tract located in Land Lot 203 aforesaid conveyed by Thomas A. McGarity and Patricia A. McGarity to Alonzo M. Lynch and Linda R. Lynch by deed dated August 13, 1982, recorded in Deed Book 260 at Page 328, deed records of Fayette County, Georgia; further, SAVE AND EXCEPT that tract in Land Lot 203 aforesaid described by deed from Billy C. Joyce and Judy W. Joyce to Harold R. Bynum and Audrey Jean Bynum dated August 25, 1993, recorded in Deed Book 838 at Page 504, said records; further SAVE AND EXCEPT so much of that tract in Land Lot 214 aforesaid described by deed from Mrs. Gladys Sams Jackson to Woolsey Associates, a limited partnership, dated January 25, 1974, recorded in Deed Book 127 at Page 498, deed records of Fayette County, Georgia, as was not conveyed by Woolsey Associates aforesaid to Donald D. Thagard and Gayle Thagard by Warranty Deed dated June 28, 1979, recorded in Deed Book 207 at Page 324, said records. SECTION 1.12 . Specific powers. In conformity with and subject to the requirements of the general laws of this state, the corporate powers of the government of the Town of Woolsey, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate such privileges, occupations, trades, and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is so authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town;

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(4) To appropriate and borrow money for the payment of debts of the town and to issue bonds to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the corporate limits of the town; (6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn and exercise the power of eminent domain inside or outside the corporate limits of the town for present or future use and for any corporate purpose as deemed necessary by the governing authority under Title 22 of the Official Code of Georgia Annotated or under other applicable public laws as have been or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utilities; to fix the taxes, charges, rates, fees, fares, assessments, regulations, conditions and penalties to be charged or incurred incident to use of same; and to provide remedies and sanctions, including, without limitation, withdrawal of service, for failure to pay or breach of conditions and regulations and to fix the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services for periods not to exceed 35 years; to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not to conflict with such regulations by the Public Service Commission; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (10) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, improve, maintain, repair, clean, prevent erosion of, and illuminate roads, alleys, and walkways within the corporate limits of the town; (11) To grant franchises and rights of way to public utilities throughout the streets and roads and over the bridges and viaducts; (12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational

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facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sports, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and to make other public improvements inside or outside the corporate limits of the town and regulate the use thereof; and, for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or other applicable public Acts as are or may be enacted; (13) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (14) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, and disturbing the peace in the corporate limits of the town; to prohibit the playing of lotteries therein; to provide for the prevention and punishment of riots and public disturbances; to regulate public meetings and public speaking in the streets of said town by preventing the obstruction of the streets or the gathering of disorderly crowds; and to prohibit or regulate by ordinance such other conduct and activities within the Town of Woolsey which are deemed by the governing authority to be detrimental and offensive to the peace and good order of the town or to the welfare of the citizens thereof, as well as conduct and activities constituting offenses under state laws, where the General Assembly specifically so permits; (15) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquids and liquors; the use and sale of firearms; the transportation, storage, and use of combustible, explosive, and flammable materials; the use of lighting and heating equipment; and any other business or activity which may be dangerous to persons or property; (16) To regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise; (17) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (18) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads and within view thereof and to prescribe penalties and punishment for violation of such ordinances;

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(19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (21) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (22) To provide for the destruction and removal of any building or other structure which may become dangerous or detrimental to the public; (23) To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and for the sale of such items; to levy, fix, assess, and collect a service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business within the town and benefiting from such services; and to provide for the collection of and the enforcement of the payment of such charges, taxes, and fees; (24) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer connection fee or fees or a sewer service charge, fee, or tax for the use of sewers, or both; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (25) To levy a fee, charge, or tax as necessary to ensure the acquiring, constructing, equipping, maintaining, and extending of a waterworks system; to levy on the users of the waterworks system a connection fee, service charge, fee, or tax for the use of the waterworks system; and to provide for the manner and method of collecting such charges and for enforcing payment of same; (26) To define, regulate, and prohibit any act, conduct, practice, or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (27) To define a nuisance and provide for its abatement whether on public or private property;

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(28) To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (29) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the town and to provide for the enforcement of such standards; (30) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the town or to provide for commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (31) To regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violations of ordinances enacted under this paragraph; (32) To regulate the operation of motor vehicles and to exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the town; (33) To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (34) To provide and maintain a system of pensions and retirement for officers and employees of the town; (35) To levy and provide for the collection of special assessments to cover the costs of any public improvements; (36) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor; (37) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (38) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare,

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convenience, and interest of the town and the inhabitants thereof and for preserving the health, peace, order, and good government of the town; (39) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (40) To exercise the power of arrest through duly appointed policemen; (41) To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; and (42) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others or restrictive of general words and phrases granting powers, but such powers shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13 . General powers. In addition to all other powers granted in this charter, the town shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated in this charter and any and all powers which the town was heretofore authorized to exercise upon the effective date of this charter. SECTION 1.14 . Interpretation. The powers of the town shall be construed liberally and in favor of the town. The specific mention of or failure to mention particular powers in this charter shall not be construed as limiting in any way the cumulative,

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general powers of the town. It is the intention of this charter to grant the Town of Woolsey full power and right to exercise all governmental authority necessary for the effective operation of the town in the conduct of all of its affairs. SECTION 1.15 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the town and its officers, agencies, or employees shall be carried out as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY SECTION 2.10 . Creation. The legislative authority of the Town of Woolsey, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and three council members. Positions on said council shall be numbered Posts 1 through 3, respectively. The mayor and council members shall be elected in the manner provided by Article V of this charter. SECTION 2.11 . Terms of office; qualifications of officeholders. Incumbent members of the town council and the mayor in office on the effective date of this charter shall serve until December 31, 1997, and otherwise until their respective successors are elected and qualified. Posts 1 and 2 on the town council shall be filled by election for terms of two years, beginning January 1, 1998, and expiring December 31, 1999, and until their respective successors are elected and qualified. The offices of mayor and Post 3 on the town council shall be filled at the regular biennial November general municipal election in 1997 for terms of four years, beginning January 1, 1998, and expiring December 31, 2001, and until their respective successors are elected and qualified. Thereafter, the members of council shall serve for terms of office of four years, beginning on the first day of January next after the regular biennial November general municipal election and continuing until December 31 next after their respective successors are elected, and otherwise until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she shall have been a resident of the town for a period of one year immediately prior to the date of his or her election, shall reside continuously therein during his or her term of office,

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shall be registered and qualified to vote in municipal elections of the Town of Woolsey, and shall have attained the age of 21 years at the beginning of the term to which elected. SECTION 2.12 . Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any council member shall forfeit his or her office if he or she: (1) Lacks at any time during his or her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided in Article V of this charter. SECTION 2.13 . Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. SECTION 2.14 . Prohibitions. (a) Except as authorized by law, no member of the council shall hold any other elective town office or other town employment during the term for which he or she was elected, except that he or she may serve as town clerk, if so appointed. The provisions of this section shall not apply to any person holding such employment on the effective date of this charter. (b) Neither the mayor nor any council member shall vote or act upon any question in which he or she is personally, pecuniarily interested or upon which he or she is by general law prohibited from voting.

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SECTION 2.15 . Inquiries and investigations. The council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 2.16 . General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of the government of the Town of Woolsey as provided by Article I of this charter. (b) Special meetings of the council may be held on the call of the mayor or two members of the council. Notice of such special meetings shall state the purpose or purposes, date, time, and place of such meeting and shall be served on all other members personally or left at their respective residences. Alternatively, each member not participating in the call for such meeting shall be notified personally by telephone at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public except those which are prescribed as closed meetings under Georgia law. SECTION 2.17 . Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal or minutes of its proceedings, which journal or minutes shall be a public record. SECTION 2.18 . Quorum; voting. The mayor or mayor pro tempore and two council members shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them.

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SECTION 2.19 . Ordinance forms; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject unrelated to its title. (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.21 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as is reasonable, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. SECTION 2.20 . Action requiring an ordinance. Except as provided in this charter, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. SECTION 2.21 . Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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SECTION 2.22 . Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. SECTION 2.23 . Codification of ordinances. The mayor and council may require that all ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as The Code of the Town of Woolsey, Georgia, as amended. All ordinances contained therein shall be deemed to have been duly passed by the mayor and council and duly signed, authenticated, and recorded by the town clerk. SECTION 2.24 . Organization meeting. (a) The council shall meet for organization on the date and at the time of the first regular meeting in each January next following the town elections. Prior to entering upon office, the oath of office shall be administered to the newly elected members by the mayor, mayor pro tempore, or anyone authorized to administer oaths as follows: I do solemnly swear that I will well and truly perform the duties of (mayor or council member, as the case may be) of the Town of Woolsey and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. (b) The council shall have the right to elect one of its members to serve as mayor pro tempore for any term of office designated by the council. Said mayor pro tempore shall have the duties set forth in Section 2.30 of this charter. SECTION 2.25 . Signing, authenticating, recording, and printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) If the mayor and council shall by ordinance initiate a requirement of codification pursuant to Section 2.23 of this charter, then and at all times

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thereafter the ordinances and charter amendments shall be printed in substantially the same style as the code in effect on the effective date of this charter and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or addition to codes of technical regulations and other rules and regulations in the code. SECTION 2.26 . Chief executive officer. The mayor shall be the chief executive of the Town of Woolsey. He or she shall possess, have, and exercise all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. SECTION 2.27 . Term; qualifications. The mayor shall be elected for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of the Town of Woolsey, shall have attained the age of 21 years before the beginning of his or her term, and shall have been a resident of the Town of Woolsey for a period of one year immediately preceding his or her election. The mayor shall continue to reside in the Town of Woolsey during the period of his or her service. SECTION 2.28 . Duties of mayor. As the chief executive officer of the Town of Woolsey the mayor shall: (1) Preside at all meetings of the town council; (2) Be the official head of the town for the service of process and for ceremonial purposes; (3) Have power to administer oaths and take affidavits; (4) Sign all written contracts entered into by the council on behalf of the town and all other contracts and instruments executed by the town which by law are required to be in writing; (5) See that all laws and ordinances of the town are faithfully executed; (6) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities;

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(7) Recommend to the council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (8) Call special meetings of the council as provided for in Section 2.16 of this charter; (9) Examine and audit all accounts of the town before payment; (10) Require any department or agency of the town to submit written reports in connection with the affairs thereof whenever he or she deems it expedient; (11) Suspend any appointed town employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee's or officer's fitness, integrity, or capability shall be decided by the council; (12) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; (13) Break a tie vote of the council members; and (14) Perform other duties as may be required by law, this charter, or ordinance. SECTION 2.29 . Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, or in his or her absence or disability for any cause one of the council members chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. ARTICLE III ADMINISTRATION SECTION 3.10 . Administrative and service departments. (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the town as it shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices or duties of offices, positions of employment, departments, and agencies of the town.

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(b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the town shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. SECTION 3.11 . Boards, commissions, and authorities. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and pursuant to such manner of appointment as provided by ordinance except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by applicable state law. (c) Any vacancy in office of any member of a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this charter for original appointment except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the town clerk an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions, or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.

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(g) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the town government shall elect one of its members as chairperson and one of its members as vicechairperson for terms of one year. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the town, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the town clerk. SECTION 3.12 . Town manager. The council may appoint a town manager. The duties and authority of the town manager shall be established by ordinance, and in so doing the council may specifically delegate to the town manager any of the administrative or budgetary duties of the mayor. SECTION 3.13 . Town attorney. The council shall appoint a town attorney together with such assistant town attorneys as may be authorized by ordinance and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as town attorney. SECTION 3.14 . Town clerk. The council may appoint a town clerk to keep a journal of the proceedings of the town council, to maintain in a safe place all records and documents pertaining to the affairs of the town, and to perform such other duties as may be required by law or as the council may direct. SECTION 3.15 . Town tax collector. The council may appoint a town tax collector to collect all taxes, licenses, fees, and other money belonging to the town, subject to the provisions of this charter and the ordinances of the town. The town tax collector shall

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diligently comply with and enforce all general laws of Georgia relating to the collection of taxes by municipalities. SECTION 3.16 . Town accountant. The council may appoint a town accountant to perform the duties of an accountant. SECTION 3.17 . Consolidation of functions. The council may consolidate any two or more of the positions of town clerk, town tax collector, and town accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. SECTION 3.18 . Position classification and pay plans. The mayor shall be responsible for the preparation of position classification and pay plans which shall be submitted to the council for approval. Said plans may apply to all employees of the Town of Woolsey and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. SECTION 3.19 . Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plans, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work; vacation, sick leave, and other leaves of absence; overtime pay; and the order and manner in which layoff shall be affected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Woolsey.

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ARTICLE IV MUNICIPAL COURT SECTION 4.10 . Municipal court; creation. There is established a court to be known as the Municipal Court of the Town of Woolsey which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for violations of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and also to punish any person who may counsel, advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the town constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.11 . Judge. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 25 years and shall be a member of the State Bar of Georgia. Such person shall serve at the discretion of the council and his or her compensation shall be fixed by the council. Neither the mayor nor any council member shall serve as judge. (b) The judge pro tempore shall have the same qualifications required of the judge, shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the duties of his or her office, the judge shall take an oath before an officer duly authorized to administer oaths in this state that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. SECTION 4.12 . Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

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SECTION 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish persons for crimes against the Town of Woolsey, for violation of its ordinances, and for other such crimes and offenses as authorized by general law. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or five days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days, or both, and, as an alternative to such fine or imprisonment, may sentence any offender upon conviction to labor in a town work gang or on the streets, sidewalks, square, or other public works for a period not exceeding 60 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the Town of Woolsey or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper for the conduct of said court. (f) The municipal court may compel the presence of all parties necessary for a proper disposal of each case by the issuance of summons, subpoenas, and warrants, which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town of Woolsey granted by

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state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances. SECTION 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fayette County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15 . Rules of court. The judge shall have full power and authority, subject to approval of the council, to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the municipal court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the town clerk and shall be available for public inspection. ARTICLE V ELECTIONS SECTION 5.10 . Regular elections. (a) On the first Tuesday following the first Monday in November in 1997, and on such day biennially thereafter, a general municipal election shall be conducted in the Town of Woolsey for the purpose of electing either a mayor and a council member for Post 3 or council members for Posts 1 and 2 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 their successors are elected and qualified. All such terms shall expire on December 31. (b) Elections shall be conducted in the Town of Woolsey at such place or places as may be designated by the mayor and council. (c) For the purpose of electing members of the town council, the Town of Woolsey shall consist of one election district with three numbered posts. Each person seeking election shall designate the post for which he or she seeks election.

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SECTION 5.11 . Qualifying; voting procedures. The council may, by ordinance, prescribe rules and regulations, not inconsistent with the general laws of this state, governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, and challenge of votes and such other rules and regulations as may be necessary for conducting elections in the Town of Woolsey. SECTION 5.12 . Applicability of general laws. The procedures and requirements for election of all elected officials for the Town of Woolsey as to primary, special, or general municipal elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, and such other general laws of Georgia as may from time to time apply. SECTION 5.13 . Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code, and all other laws of general application. SECTION 5.14 . Election of mayor and council members by majority. The candidate for each council post receiving a majority of all valid votes cast for such council post shall be declared as council member for the respective post for which he or she qualified as a candidate. The candidate receiving a majority of the votes cast for the office of mayor shall be declared elected as mayor. SECTION 5.15 . Grounds for removal of elected officers. The mayor or any council member shall be subject to removal 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) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. SECTION 5.16 . Procedure for removal. Removal of an elected officer from office shall be for cause shown, by either of the following methods: (1) By unanimous vote of the entire membership of the council; provided, however, that, if the person sought to be removed is a member of the council, he or she shall not vote, and if mayor, he or she shall not vote nor otherwise participate in the proceedings. In such case, the officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the council to the Superior Court of Fayette County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By appropriate petition filed with the Superior Court of Fayette County as provided by law. ARTICLE VI FINANCE SECTION 6.10 . Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the Town of Woolsey. The council shall use the county assessment for the year in which the town taxes are to be levied and shall request the county to furnish appropriate information for such purpose.

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SECTION 6.11 . Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the town for the purpose of raising revenue to defray the costs of operating the town government, providing governmental services, and for any other public purpose as determined by the council. The council is authorized to provide for sufficient levy to pay principal and interest on general obligations. SECTION 6.12 . Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the town shall fall due, when such taxes shall be paid, whether they may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. SECTION 6.13 . Licenses, occupational taxes, and excise taxes. The council shall have full power to levy by ordinance such license, specific, or occupation taxes upon the residents of the Town of Woolsey, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the town; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any lawful way; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations necessary or proper to carry out the powers conferred in this charter; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy any excise tax not prohibited by general law. SECTION 6.14 . Sewer service charge. The council may provide by ordinance for the assessment and collection of fees, charges, and tolls for sewer services rendered both inside and outside the corporate limits of the town, said fees to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the town. If unpaid, said sewer charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and town property taxes and enforceable in the same manner and under the same procedures as a lien for the town property taxes.

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SECTION 6.15 . Sanitary and health service charge. The council shall have the authority to levy by ordinance and collect the cost of sanitary and health services necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business in the town and benefitting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such classifications of property and sanitary service or services provided as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are assessed and the owner or owners thereof, superior to all other liens except liens for county and town property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. SECTION 6.16 . Special assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates. They shall thereupon be subject, in addition to fi.fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 12 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and town property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. SECTION 6.17 . Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi.fa. issued by the town clerk or mayor and executed by any police officer of the town under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which town property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the town.

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SECTION 6.18 . Transfer of executions. The town clerk shall be authorized to assign or transfer any fi.fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law governing sales and transfers of county tax fi.fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi.fas.; provided, however, that, upon levy of execution and sale of property pursuant to such tax fi.fa., whether assigned, transferred, or executed by the town, the owner of such property in fee simple or lesser interest shall not lose his or her right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi.fas., as said requirements now exist or as may be hereafter provided by law. SECTION 6.19 . Interpretation; other taxes. The town shall be authorized to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the town to govern its local affairs. SECTION 6.20 . General obligation bonds. The council shall have the power to issue bonds to raise revenue for any project, program, or venture authorized under this charter or the general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. SECTION 6.21 . Revenue bonds. Revenue bonds may be issued by the council as provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law, as now or hereafter amended, or by any other Georgia law as now or hereafter provided. SECTION 6.22 . Short-term notes. Pursuant to applicable state law, the town may obtain temporary loans between January 1 and December 31 of each year.

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SECTION 6.23 . Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the town government, unless otherwise provided by state or federal law. SECTION 6.24 . Preparation of budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program, and a capital budget, including requirements as to scope, content, and form of any such budgets and programs. SECTION 6.25 . Additional appropriations. The council may make appropriations in addition to those contained in the then current operating budget at any regular meeting or at any special meeting called for such purpose; provided, however, that any such additional appropriations may be made only from existing unappropriated surplus in the fund to which it applies. SECTION 6.26 . Capital improvements budget. (a) On or before the date fixed by the town council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget except to meet a public emergency threatening the lives, health, or property of the inhabitants and when passed by a two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first Monday in July of each year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations thereon. Any such

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amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. SECTION 6.27 . Contracting procedures. All contracts shall be made or authorized by the council and no contracts shall bind the town unless reduced to writing and approved by the council. SECTION 6.28 . Centralized purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the Town of Woolsey. (b) The council may sell and convey any real or personal property owned or held by the Town of Woolsey for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the town. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution finding both that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10 . Official bonds. The officers and employees, whether elected or appointed, of the Town of Woolsey shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require.

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SECTION 7.11 . Existing ordinances and regulations. Ordinances and regulations of the Town of Woolsey existing on the effective date of this charter not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Rules and regulations of departments or agencies of the Town of Woolsey existing on the effective date of this charter not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. SECTION 7.12 . Pending matters. Except as otherwise specifically provided by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings initiated under the former charter of the Town of Woolsey shall continue and any such ongoing work or cases shall be dealt with by such town agencies, personnel, or office as may be provided by the town council. SECTION 7.13 . Interpretation. (a) Section captions in this charter are informative only and are not to be considered as a part of the charter. (b) The word shall is intended to be mandatory and the word may is not. (c) The singular shall include the plural and the masculine shall include the feminine and vice versa. SECTION 7.14 . Penalties. The violation of any provision of this charter for which a penalty is not specifically provided is declared to be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months, or both such fine and imprisonment. SECTION 7.15 . Continuance in office. The mayor and council members 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

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municipal general election which is conducted immediately prior to the expiration of the respective term of office. SECTION 7.16 . Specific repealer. The Act incorporating the Town of Woolsey in Fayette County, approved December 16, 1893 (Ga. L. 1893, p. 629), and the Act incorporating the Town of Woolsey or amending the Charter thereof, approved August 14, 1909, are repealed in their entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.17 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia, a bill to grant a new charter to the Town of Woolsey in the county of Fayette; to define corporate limits of said Town; to provide for and define the duties and powers of said corporate Town's officers; to provide for all matters related to the government of said Town; to repeal the Act incorporating the Town of Woolsey in Fayette County, Georgia, approved December 16, 1893 (Ga. L. 1893, p. 629), and the Act incorporating the Town of Woolsey or amending the Charter thereof, approved August 14, 1909, together with all amendatory Acts thereto, and all laws and parts of laws in conflict with the legislation to be introduced, and for other purposes incident to such reincorporation. This 20th day of February, 1995. Town of Woolsey By: Gary Laggis Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan Lakly, 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

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the Fayette County News, which is the official organ of Fayette County, on the following date: February 22, 1995. /s/ Dan Lakly Representative, 105th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CHATHAM COUNTY RECREATION AUTHORITY CREATION. No. 216 (House Bill No. 830). AN ACT To create the Chatham County 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, 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, stadiums, related buildings, golf courses, 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 Board of Commissioners of Chatham County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases of such facilities, to convey title to real property of the authority in fee simple, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions 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 to that purpose revenues derived from taxation; to provide that no debt of Chatham County 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

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obligations of the authority; 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; 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 authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds 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 provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Chatham County Recreation Authority Act. SECTION 2 . (a) There is created a body corporate and politic to be known as the Chatham County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in a courts of law and equity. 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 Savannah, Georgia, and its legal situs or residence for the purposes of this Act shall be Chatham 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 Chatham County and who shall be appointed by the Board of Commissioners of Chatham County. The Board of Commissioners of Chatham County shall initially appoint three members for terms of two years each and four for terms of four years each. After expiration of the initial terms, the terms of all members shall be four years. (c) Members of the Board of Commissioners of Chatham County may be appointed to serve as members of the authority. However, the term of office of any such member on the authority shall only run concurrent with the member's service on the board of commissioners. No more than three

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members of the Board of Commissioners of Chatham County may serve as members of the authority at the same time. (d) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting. (e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. (f) The authority shall elect one of its members as chairperson and another member as vice chairperson. The clerk of the Board of Commissioners of Chatham County shall be the secretary and treasurer. Said clerk shall not be a member of the authority. (g) The county attorney shall be the attorney for the authority and serve as its counsel in all matters. (h) 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. (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 or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by a majority of the authority. Any office so vacated shall be filled within 60 days by appointment by the Board of Commissioners of Chatham County. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed. SECTION 3 . As used in this Act, the term: (1) Authority shall mean the Chatham County 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 determining the feasibility or practicability of the project; administrative

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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, 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, stadiums, related buildings, golf courses, 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, means 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. (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, 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 . (a) 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;

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(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 or 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 name of the Board of Commissioners of Chatham County or any municipality incorporated in said county, the governing authority or body of said county or any of said municipalities is authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyances or upon payment for the credit of the general funds of said county or municipalities 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 chairperson 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 compensation; (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 Chatham County or any municipality in Chatham 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, instutitions, 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

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and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agency or department thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued 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, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America and 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 therof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) 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 Chatham County or a municipality within it as the lessee; (12) To do all things necessary or convenient to carry out the powers expressly given in this Act; and

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(13) To make recommendations to the Board of Commissioners of Chatham County on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Chatham County and the municipalities within it. (b) 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. 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 as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments 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 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 prices as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

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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 of the O.C.G.A., 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, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise not less than 30 days immediately preceding the day of the election in the Savannah Morning News and Savannah Evening Press at least once per week for three consecutive weeks the intent to vote on these bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place when the authority will vote on the issue. 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 of Chatham County, 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. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including specifically said county, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Chatham County 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 Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. 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. Without limiting the obligations of any political subdivision contracting with the authority in accordance with this Act, it shall be required that prior to entering into any

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such contract, the authority or the political subdivision with whom such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise their intention and call at least one public hearing on the subject not less than three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract. 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. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, 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 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 the authority. SECTION 12 . The property of the authority shall not be subject to levy and sale under legal process.

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SECTION 13 . Any action to protect or enforce any rights under the provisions of the Act or any suit or action against such authority shall be brought in the Superior Court of the Eastern Judicial Circuit, Chatham County, Savannah, 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 14 . 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 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 15 . 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 16 . All funds received pursuant to the authority of this Act, whether as proceeds from sale of revenue bonds or as revenue, rents, fees, charges, or

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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. SECTION 17 . This Act and any other law enacted with reference to the Chatham County Recreation Authority shall be liberally construed for the accomplishment of its purposes. SECTION 18 . Should any sentence, clause, phrase, or part of the 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 19 . The scope of the authority's operation shall be limited to the territory embraced within Chatham County. SECTION 20 . 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 Chatham County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. SECTION 21 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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SECTION 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 of Intention to Introduce LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the creation and operation of the Chatham County Recreation Authority; to provide for matters relative to such authority; and for other purposes. This 2nd day of February, 1995. Representative Tom Bordeaux 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas C. Bordeaux, Jr., 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 Savannah Morning News/Savannah Evening Press, which is the official organ of Chatham County, on the following date: February 7, 1995. /s/ Thomas C. Bordeaux, Jr. Representative, 151st District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. LUMPKIN COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 217 (House Bill No. 826). AN ACT To provide a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of

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the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to repeal an Act providing a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved March 28, 1988 (Ga. L. 1988, p. 4880); 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 Lumpkin County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (4) Senior citizen means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2 . (a) Each resident of the Lumpkin County School District who is a senior citizen is granted an exemption on that person's homestead from all Lumpkin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 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 $20,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the tax commissioner of Lumpkin County giving the person's age, the amount of gross income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as

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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 Lumpkin 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. After the person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit 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 Lumpkin 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 Lumpkin 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 Lumpkin 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, 1996. SECTION 7 . An Act providing a $15,000.00 homestead exemption from Lumpkin County School District ad valorem taxes for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over, approved March 28, 1988 (Ga. L. 1988, p. 4880), is repealed in its entirety. SECTION 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lumpkin County School District for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the

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O.C.G.A. or, if any other Act enacted by the General Assembly of Georgia at the regular session in 1995 requires a referendum or special election in Lumpkin County or the Lumpkin County School District in 1995, on the same date as such other referendum or special election. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lumpkin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Lumpkin County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who are 62 years of age or over and who have annual incomes not exceeding $20,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 shall become of full force and effect on January 1, 1996. If the Act is 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 Lumpkin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 9 . Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide a homestead exemption from Lumpkin County School District ad valorem taxes for education purposes for certain residents of that school district who are 62

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years of age or over; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 13th day of February, 1995. Ben Whitaker GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben N. Whitaker, 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 Dahlonega Nuggett, which is the official organ of Lumpkin County, on the following date: February 16, 1995. /s/ Ben N. Whitaker Representative, 7th District Sworn to and subscribed before me, this 21st day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF HAGAN NEW CHARTER. No. 218 (House Bill No. 741). AN ACT To provide a new charter for the City of Hagan; 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 the office and duties of the mayor pro tempore; 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

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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 Hagan in Evans 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 Hagan. References in this charter to the city or this city refer to the City of Hagan. The city shall have perpetual existence. SECTION 1.11 . Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by 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 Hagan, Georgia. Photographic, typed, or other copies of such map or description certified by the City of Hagan 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. (c) The original charter and other legal documents including maps and ordinances shall be kept in a safety deposit box and copies of the same shall be kept at City Hall. SECTION 1.12 . Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution of the State of Georgia and the laws of this

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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. (a) 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. (b) 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. (c) 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. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other applicable laws as are now or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for the failure to pay any city taxes or fees. (e) 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. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) 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

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with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas inside the corporate limits through the preservation and improvement of the air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) 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. (j) 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 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. (k) 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. (l) 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. (m) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards. (n) 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 other public property 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. (o) 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. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city

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and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) 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. (r) 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. (s) 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. (t) 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 facilities, gas works, electric plants, cable television and other telecommuncations companies, 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. (u) Nuisances. To define a nuisance and provide for its abatement whether on public or private property. (v) 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. (w) 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. (x) 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. (y) 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. (z) 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,

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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. (aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public utilities and services. To grant franchises or make contracts for or impose taxes on 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 regulations of the Public Service Commission. (dd) 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. (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (ff) 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. (gg) 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. (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of

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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. (ii) 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. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement. (kk) Taxes: Ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) 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. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) 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 or desirable 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

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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 governmnt 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 city council established in this charter shall in all respects be a successor to and continuation of the city governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11 . Mayor and city councilmembers; 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 that person shall have been a resident of the city for 12 months prior to the date of the election of members of the city council; each shall continue to reside in the city during that person's period of service and to be registered and qualified to vote in municipal elections of the city. SECTION 2.12 . Vacancy; filling of vacancies. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (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, by appointment by the remaining members of the council if less than 12 months remains in the unexpired term, otherwise such vacancy shall be filled by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other laws as are or may hereafter be enacted. 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 . Holding other office; voting when financially interested. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) 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 that person was elected. (c) 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 that person has a financial interest. SECTION 2.15 . Inquiries and investigations. Following the adoption of an authorizing resolution, 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 may be 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. 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 . Organizational meeting. The city council shall hold an organizational meeting. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:

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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 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 as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. 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 of 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. SECTION 2.21 . Quorum; voting. (a) The mayor or the mayor pro tempore and 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 three councilmembers shall be required for the

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adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. SECTION 2.22 . Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be It is hereby ordained by the governing authority of the City of Hagan 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 except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall within five working days distribute a copy to the mayor and 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. (a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency

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ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meeting shall be open to the public to the extent requied by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. 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 inspection by the public. SECTION 2.26 . Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Hagan, 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,

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the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be printed 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 the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city for 12 months 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 that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.28 . Chief executive officer. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and 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 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 the mayor may deem expedient;

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(7) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter as the mayor may deem expedient; (8) Approve or disapprove ordinances as provided in Section 2.30 of this charter; (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 the mayor deems it expedient; (11) Perform such other duties as may be required by general state law, this charter, or ordinance; and (12) Be responsible for all financial transactions. 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 the mayor's approval or with the mayor's 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 o'clock Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The 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 city council as provided in subsection (c) of this section. SECTION 2.31 . Mayor pro tempore; selection; duties. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore each year. The mayor pro tempore shall preside at all

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meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. 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 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 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, alter, consolidate, or leave vacant 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 director's department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at will and subject to the removal or suspension at any time by the mayor unless otherwise provided by law or ordinance. 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

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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 in this charter 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 that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12 . City attorney. The city council shall appoint each year 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 providing for the representation and defense of 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 the city attorney by virtue of such person's position as city attorney.

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SECTION 3.13 . City clerk. The city council shall appoint each year a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council's records required by this charter; and perform such other duties as may be required by the city council. The city clerk shall be compensated as provided by ordinance. SECTION 3.14 . 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, elected and appointed city officials are not city employees. SECTION 3.15 . Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by law or ordinance. 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 Hagan. 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 that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.

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(c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of four members 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 judge's office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered in 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 offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for one year or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's 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 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

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

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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 . Election of the city council and mayor. (a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November. (b) In the election held in 1995, the mayor and two council members to represent Council District 2 shall be elected. In the election held in 1997, the three councilmembers to represent Council District 1 shall be elected. 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 designation. SECTION 5.13 . Election by plurality vote. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.14 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. 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

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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) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel, selected by the mayor and the council, shall render a decision. In the event an elected officer is sought to be removed by this method, 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. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Evans 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 Evans County following a hearing on a complaint seeking such removal brought by any resident of the City of Hagan. 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

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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. 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 . Regulatory fees; permits; fees. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided in general law. Such fees shall 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. SECTION 6.14 . Franchises. (a) 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 membership corporations, cable television and other telecommunications 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 the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, roadways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

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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 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 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. SECTION 6.17 . Construction; other taxes and fees. This city shall be empowered to levy any other tax or fee 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

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exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken. SECTION 6.20 . Revenue bonds. Revenue bonds may be issued by the 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 . Lease-purchase contracts. The city may enter into renewable lease, purchase, or lease-purchase contracts for the acquisitions of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. SECTION 6.23 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 6.25 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city

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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 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 6.26 . Adoption. (a) The city council may amend the operating budget proposed by the mayor except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the last 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 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 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.27 . Tax levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

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SECTION 6.28 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29 . Capital budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing 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 plan and proposed budget. 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 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 budget for the ensuing fiscal year not later than the last day of June of each year. No appropriation provided for in a prior capital 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 budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30 . Independent Audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the 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 annual audit reports shall be available at printing costs to the public. SECTION 6.31 . Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing;

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(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; (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; and (4) It is signed by the mayor or the mayor pro tempore. SECTION 6.32 . Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33 . Sale and lease of property. (a) The city council may sell and convey or lease 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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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

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and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11 . Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in 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 condification as provided by subsection (b) of Section 2.26 of this charter is accomplished. SECTION 7.12 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this 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 time 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 7.13 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14 . Construction. (a) Section captions in this charter are informative only and 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 7.15 . 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,

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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 7.16 . Specific repealer. An Act incorporating the City of Hagan in the County of Evans, approved August 21, 1906 (Ga. L. 1906, p. 777), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.17 . Effective date. This Act shall become effective on July 1, 1995. 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 hereby given that legislation will be introduced in the 1995 regular session of the General Assembly of Georgia to create a new charter for the City of Hagan, Georgia, and for other purposes. Ralph Bailey, Mayor City of Hagan, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Barnard, 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

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the Claxton Enterprise, which is the official organ of Evans County, on the following date: January 5, 1995. /s/ Terry Barnard Representative, 154th District Sworn to and subscribed before me, this 31st day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. GREENE COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 219 (House Bill No. 272). 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, particularly by an Act approved February 18, 1993 (Ga. L. 1993, p. 3812), so as to change the composition of the districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for a statement of intent; to provide for submission of this Act to the United States Attorney General; 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, 19256 (Ga. L. 1925, p. 653), as amended, particularly by an Act approved February 18, 1993 (Ga. L. 1993, p. 3820), is amended by striking in its entirety subsection (b) of Section 2 of said Act and inserting in lieu thereof a new subsection to read as follows: (b)(1) For the purposes of electing the members of the board other than the chairperson, Greene County is divided into four commissioner districts as follows: Commissioner District: 1 GREENE COUNTY VTD: 0001 GREENSBORO (Part) Tract: 9503.

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Block(s): 401A, 401B, 401C, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410A, 410B, 410C, 410D, 416, 417, 418, 419, 420, 422, 429A, 429B, 429C, 430A, 430B, 431A, 431B, 432A, 432B, 432C, 432D, 432E, 504, 505 VTD: 0005 SILOAM (Part) Tract: 9503. Block(s): 501, 502, 503, 548, 549, 550 Tract: 9504. Block(s): 124, 125, 126, 127A, 127B, 129, 130A, 130B, 131, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164, 165, 166A, 166B, 167, 168A, 168B, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178 Tract: 9505. Block(s): 102 VTD: 0006 WHITE PLAINS VTD: 0007 LIBERTY (Part) Tract: 9505. Block(s): 132, 133, 134, 142, 144, 147, 148, 149, 150, 151, 157, 158 Block(s): That part of Block 162 which lies east of Howard Lewis Road extended in a straight line to its intersection with the shoreline of Lake Oconee and that portion lying south of Lake Oconee Block(s): 163, 164, 165, 166, 167, 168, 169 Commissioner District: 2 GREENE COUNTY VTD: 0001 GREENSBORO (Part) Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, 110A, 110B, 110C, 110D, 110E, 111A, 111B, 111C, 118A, 118B, 118C, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 204, 205, 206, 207, 306A, 306B, 306C, 307A, 307B, 308A, 308B, 309, 310, 311A, 311B, 311C, 312A, 312B, 314, 315, 316, 317, 318, 322B, 322C, 322D, 322E, 323

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VTD: 0003 WOODVILLE (Part) Tract: 9501. Block(s): 101, 102, 103, 104, 105, 106A, 106B, 107, 108, 111, 112, 113, 114A, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120, 121A, 121B, 122A, 122B, 123, 124A, 124B, 124C, 125A, 125B, 126, 127, 128, 129, 130A, 142A, 142B, 143, 144A, 144B, 145 Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 112, 120, 121, 122, 123, 124, 125, 126 VTD: 0004 UNIONPOINT (Part) Tract: 9502. Block(s): 114, 115, 116, 117, 118, 119, 127, 128, 129, 130, 131A, 131B, 132, 133A, 133B, 134, 137, 138, 140, 151A, 151B, 162A, 162B, 163, 164, 165A, 165B, 201, 202, 203, 204, 205, 208, 209, 221, 301, 302, 303A, 303B, 304A, 304B, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 312, 313A, 313B, 314, 329B, 330, 331, 332, 333, 334 Commissioner District: 3 GREENE COUNTY VTD: 0001 GREENSBORO (Part) Tract: 9503. Block(s): 112, 115, 116, 117A, 117B, 123A, 123B, 123C, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 201, 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, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 319 VTD: 0003 WOODVILLE (Part) Tract: 9502. Block(s): 110, 111 VTD: 0004 UNIONPOINT (Part) Tract: 9502. Block(s): 113, 135, 136, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149A, 149B, 150, 152, 153A, 153B, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 206, 207, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224,

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225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 311, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326A, 326B, 326C, 327A, 327B, 328, 329A, 335, 336, 337, 338, 339, 340, 341A, 341B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355A, 355B, 356A, 356B, 357A, 357B VTD: 0005 SILOAM (Part) Tract: 9503. Block(s): 113, 114, 133, 134, 135, 136, 137, 138, 139, 140, 141 Tract: 9504. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 128A, 128B, 132 Commissioner District: 4 GREENE COUNTY VTD: 0001 GREENSBORO (Part) Tract: 9501. Block(s): 140, 141, 146, 147, 246, 250, 284, 285, 286, 287, 288, 289, 290, 291, 292 Tract: 9503. Block(s): 242, 243, 244, 245, 246, 247, 301, 302, 303, 304, 305, 313, 320, 321A, 321B, 322A, 324A, 324B, 324C, 411, 412, 413, 414, 415, 421, 423A, 423B, 424, 425, 426, 427, 428, 506, 507A, 507B, 508A, 508B, 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, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 552A, 553, 554, 555, 556, 557, 558, 559, 562, 563, 564, 565, 566, 567, 568 Tract: 9505. Block(s): 140, 141A, 170, 171, 172 VTD: 0002 GRESHAMVILLE VTD: 0003 WOODVILLE (Part) Tract: 9501. Block(s): 109, 110, 114B, 130B, 131, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 205, 206, 207, 208,

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209, 210, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 247, 248, 249, 251, 252 VTD: 0005 SILOAM (Part) Tract: 9503. Block(s): 546, 547, 551, 552B, 560, 561 VTD: 0007 LIBERTY (Part) Tract: 9505. Block(s): 135, 136, 137, 138, 139, 141B, 143, 159, 160, 161 Block(s): That part of Block 162 which lies west of Howard Lewis Road extended to its intersection with the shoreline of Lake Oconee (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 Greene 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 (F) Any part of Greene 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

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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 . It is the purpose of this Act to reappportion the districts from which members of the Commissioners of Greene County are to be elected in the November, 1996, general election and in subsequent general elections. It is not the intention of the General Assembly to affect the membership of the 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 governing authority of Greene County to submit this Act to the United States Attorney General for 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 1995 session of 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, particularly by an Act approved February 18, 1993 (Ga. L. 1993, p. 3812), so as to change the composition of the districts from which the members of the board are elected; to provide for related matters; to repeal conflicting laws; and for other purposes. This 30 day of December, 1994. /s/Honorable R.M. Channell Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mickey Channell, 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

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published in the Herald Journal, which is the official organ of Greene County, on the following date: January 6 1995. /s/ Mickey Channell Representative, 111th District Sworn to and subscribed before me, this 13th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. TOWN OF SUMNER NEW CHARTER; REFERENDUM. No. 220 (House Bill No. 817). AN ACT To amend an Act entitled An Act to incorporate the town of Sumner, approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4554), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3775), so as to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for 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 incorporate the town of Sumner, approved August 9, 1883 (Ga. L. 1882-83, p. 291), as amended, particularly by an Act

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approved March 30, 1989 (Ga. L. 1989, p. 4554), and an Act approved March 18, 1985 (Ga. L. 1985, p. 3775), is amended by striking in their entireties Sections 1 through 14 and inserting in lieu thereof the following: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The town of Sumner in Worth County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the `town of Sumner.' References in this charter to `the town' or `this town' refer to the town of Sumner. The town shall have perpetual existence. All ordinances previously enacted by the town of Sumner 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 their dates of passage. SECTION 1.11. Corporate boundaries. 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 by local law or 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 of the town and to be designated, as the case may be: `Official Map or Description of the Corporate Limits of the Town of Sumner, 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 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. The powers of the town shall include but not be limited to: (1) Agreements. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;

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(2) Animals. 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) Assessments. To levy and provide for the collection of special assessments to cover the costs 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 such licenses after due process for the failure to pay any town taxes or fees; (7) Town property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town; (8) 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 laws as are or may hereafter be enacted; (9) 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; (10) 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;

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(11) Fire safety and protection. 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 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; (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 town 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, safety, and welfare. To provide standards, and 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 town 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 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; (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 town; (18) Municipal agencies. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer

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upon such agencies the necessary and appropriate authority for 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 in the municipal 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; to provide such penalties for violation of any ordinances adopted by the town or to be adopted by the town; (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 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. (24) 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; (25) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (26) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (27) Regulation of special activities and businesses. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation

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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; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; and to restrict or regulate parades, marches, or the use of public facilities; (28) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (29) 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 town and to prescribe penalties and punishment for violation of such ordinances; (30) 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; (31) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;

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(32) 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; (33) Taxes, ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (34) Taxes; other. To levy and collect such other taxes as may be allowed now or in the future by law; (35) 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; (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; 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; (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 (39) Zoning and planning. 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. 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

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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 town shall not be a waiver or relinquishment of said power; the town may at any future time exercise or restrict such powers; and the failure to exercise such powers shall not give any individual or business any cause of action or claim against the town. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL SECTION 2.10. Town council. (a) 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. (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 or she shall have been a resident of this town for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town. 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 town that he or she desires 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 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 town 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 town 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 town of Sumner shall consist of one election district with four numbered posts. Each person seeking election shall designate the post for which he seeks election. (e) On the Tuesday next following the first Monday in November, 1993, and on such day yearly thereafter, a general municipal election shall be conducted in the town of Summer for the purpose of electing either a mayor and councilmembers for Posts 2 and 4 or councilmembers for Posts 1 and 3 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 two years beginning on January 1 following the date of their respective elections 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. (f) Elections shall be conducted in the town of Sumner 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 disqualified and their position 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 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 as provided in subsection (b) of this section.

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(b) In the event that the office of mayor shall become vacant for any cause, the mayor pro tempore shall fill and hold the office of mayor until the next regular yearly election at which time an election shall be held to fill such office for either the remaining one year of the term of the person vacating such office of mayor or for the next two 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 yearly election at which time an election shall be held to such office for either the remaining one year of the term of the person vacating such office of councilmember or for the next two 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. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party labels. SECTION 2.14. The mayor and councilmembers shall receive compensation 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 exclusive of reimbursement of expenses during the term in which such increase is approved. Any raise shall only take effect after their position or post has come up for reelection. SECTION 2.15. The mayor and councilmembers shall receive reimbursement for actual expenses incurred in the performance of their duties 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 town 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

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the independence of his judgment or action in the performance of his official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town 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 town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town 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 town 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 town 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 town council. (e) Except as authorized by law or ordinance of the town, no member of the council shall hold any other elective town office or other town employment.

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(f) 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 town council. (g) Except as authorized by law or ordinance of the town, no member of the council shall hold any other elective town office or other town employment. 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 a majority of councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to receive a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice unless he is deceased, has abandoned his office, or has moved his residence outside the town for more than 30 days and cannot be located. 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 town council to the Superior Court of Worth 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 Worth County following a hearing on a complaint seeking such removal brought by any resident of the town of Summer.

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ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. Except as otherwise provided by this charter, the town council shall be vested with all the powers of government of this town as provided by Article I of this charter. SECTION 3.11. Organization. (a) The town 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 town 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 town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America.' (b) 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 during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the town council. The town 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 town council. SECTION 3.12. Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. 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 three 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 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 town 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 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. (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 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 town 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 town of Sumner hereby ordains...' or such similar wording and every ordinance shall so begin.

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(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the 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 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 town council may designate. SECTION 3.17. Effect of ordinances. Acts of the town 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 town 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 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. Said emergency ordinance may be made permanent by following the procedures set out in Section 3.16 of this charter. SECTION 3.19. Codes. (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

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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 or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town shall provide for the preparation of a general codification of all the ordinances of the town having the force 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 Sumner, Georgia.' Copies of the code shall be furnished to all officers, departments, and agencies of the town and shall be made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The 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 3.21. 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

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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 town and qualified in management and administration. SECTION 3.22. Powers and duties of mayor. As the chief executive of this town, the mayor shall have the power to: (1) See that all laws and ordinances of the town are faithfully carried out; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, 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 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 town and from time to time such other information as the town council may request; (6) Call special meetings of the town council as provided for in Section 3.13 of this charter; (7) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote; (8) 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 or she may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23 of this charter; (10) Require any department or agency of the town 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 town which by law are required to be in writing along with at least one other councilmember. The mayor's signature and at least one other councilmember's signature shall be prima facie evidence that the town of Sumner has entered into any contract, deed, or other written agreement or document; (12) Subject to the approval of the council, hire CPA's or such other professionals as needed in carrying out his or her duties or in furtherance of town business; and

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(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 town council shall be presented by the town 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 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 on the fifteenth 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 and should the town council then or at its next general meeting adopt the ordinance by an affirmative vote of four members, it shall become law or if less than four seated, then by 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 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 not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS 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 town as it shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices or duties of offices, positions of employment, departments, and agencies of the town.

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(b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the town shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. SECTION 4.11. Boards. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasilegislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by ordinance or law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the town an oath obligating himself to perform faithfully and impartially the duties of his

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office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town. (i) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council. SECTION 4.12. Town attorney. The town council shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The town attorney shall serve at the pleasure of the town council. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs, and shall perform such other duties as may be required of him by virtue of his position as town attorney. The town council shall provide for the compensation of the town attorney. SECTION 4.13. Town clerk. The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal, maintain town council records required by this charter, and perform such other duties as may be required by the town council. The town council shall provide for the compensation of the town clerk. SECTION 4.14. Treasurer. The town council shall appoint a town treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the

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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. The town council shall provide for the compensation of the treasurer. SECTION 4.15. Consolidation of functions. The council may consolidate any two or more of the positions of town clerk, town tax collector, and town accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The council may adopt rules and regulations consistent with this charter concerning: (1) The method of selecting employees including, but not limited to, probationary periods of employment; (2) Establishment of position classifications and pay plans, methods of promotion and applications of service ratings, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH SECTION 5.10. Municipal court. There may be a court to be known as the Municipal Court of the town of Sumner. 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

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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 three members of the town 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 town council journal required in Section 3.14 of this charter. SECTION 5.12. Convening. 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 town 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 Chapter 6 of Title 40 of the O.C.G.A., the uniform rules of the road, 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 or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1000.00 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 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 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 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 Worth 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 town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and

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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, 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 town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the 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. The town council by ordinance, may, if it levies any ad valorem taxes, 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 taxes and business license fees. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling within the town to the extent such persons have a constitutionally sufficient nexus to this town to be so taxes. 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. The town council by ordinance shall have the power to require any individual or corporation who transacts business in this town or who

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practices or offers to practice any profession or calling within the town to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude town regulations. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 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 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 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, although this provision shall not affect any existing contracts. SECTION 6.15. Sewer fees. 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. Roads. The town council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.17. Other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include, but not be limited to, 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, providing for the assignment or transfer of tax executions, and 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. Municipal 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 notes. Pursuant to applicable state law, the town may obtain temporary loans between January 1 and December 31 of each year.

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SECTION 6.22. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting for every office, department, institution, agency, and activity of the town government, unless otherwise provided by state or federal law. SECTION 6.23. Accounting and budgeting. 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 6.24. Budget ordinance. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.25. Operating budget. On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. SECTION 6.26. Adoption. (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

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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 town council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.27. Levy of taxes. Following adoption of the operating budget, the town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this town. SECTION 6.28. Changes in budget. The town 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 6.29. Capital improvements. (a) On or before the date fixed by the town council, but not later than 60 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

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proposed for the ensuing year. The town council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the town 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 town council. SECTION 6.30. Audits. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.31. Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by him to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.32. Purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town.

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SECTION 6.33. Sale of property. (a) The town council may sell and convey and real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (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 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. Rules and regulations. 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. 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

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shall 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 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word `shall' is mandatory and the word `may' is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. Penalties. The violation of any provision of this charter for which a penalty is not specifically provided is declared to be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed three months, or both such fine and imprisonment. SECTION 7.15. Continuance in office. The mayor and councilmembers serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected and qualified as provided in this charter. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective terms of office. SECTION 7.16. Eminent domain. The town 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 town may use any process or procedure authorized or allowed by Georgia law, including but not limited to, those provided in Title 22 of the O.C.G.A. SECTION 2 . As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the town of Sumner shall call and conduct an election for the purpose of submitting this Act to the electors

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of the town of Sumner 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 Worth County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a new charter for the town of Sumner? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the town of Summer. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1995 Session of the General Assembly of Georgia a bill to provide a new charter for the Town of Sumner, and for other purposes. This 10th day of February, 1995. James Trammell Mayor and Town Council of Sumner 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 157th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Sylvester Local News, which is the official organ of Worth County, on the following date: February 15, 1995. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 17th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF COBBTOWN NEW CHARTER. No. 221 (House Bill No. 624). AN ACT To re-create and reincorporate the City of Cobbtown; to provide for corporate boundaries; to enumerate corporate powers; to provide for the exercise of powers; to create a city council; to provide terms and qualifications for office; to provide for the filling of vacancies; to enumerate certain prohibitions; to authorize inquiries and investigations; to provide for administrative and service departments; to establish a municipal court; to provide for finance and fiscal administration; to provide for municipal services and regulatory functions; to provide for all other matters relative to the foregoing; to repeal an Act to incorporate the City of Cobbtown, in the County of Tattnall, State of Georgia, approved August 19, 1919 (Ga. L. 1919, p. 897), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, AND POWERS SECTION 1.10 . Name. The City of Cobbtown is reincorporated by the enactment of this charter and constituted and declared a body politic and corporate under the name and style of the City of Cobbtown, Georgia, and by that name shall have perpetual existence.

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SECTION 1.11 . Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official map or description of the corporate limits of the City of Cobbtown, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.13 . Examples of powers. The city is authorized: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (2) 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

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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; (3) Building regulations. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) 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; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the 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; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality; the restoration and maintenance of water resources; the control of erosion and sedimentation; the management of solid and hazardous waste; and other necessary actions for the protection of the environment except as otherwise prohibited or preempted by general law; (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 garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or

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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 inside the city 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 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 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 of the city may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; and 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, lease, 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

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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, cable television, telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance; and to provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers; and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of: public ways, parks 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; 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;

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(29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; 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 general law or 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; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; 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 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; 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 items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any

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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; 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 1.14 . 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 GOVERNING BODY SECTION 2.10 . City council creation; number; election. The legislative authority of the government of the City of Cobbtown, 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 city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. SECTION 2.11 . City council terms and qualifications. 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 a councilmember unless that person shall have been a resident of the city for a period of 12 months prior to the date of election; and each person elected shall continue to reside inside the city during that member's period of service and to be registered and qualified to vote in municipal elections of the City of Cobbtown. SECTION 2.12 . Vacancy; filling of vacancies. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Forfeiture of office. The mayor or any councilmember shall forfeit that office if such official: (1) Fails at any time during a term of office to meet any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. (c) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and

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in accordance with Title 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. 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 Official Code of Georgia Annotated. SECTION 2.14 . Prohibitions. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) 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 that person was elected. (c) Neither the mayor nor any member of the council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. SECTION 2.15 . Inquiries and investigations. Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof; and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 2.16 . General power and authority of the council. Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Cobbtown, Georgia. 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, sport, charitable, educational,

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recreational, curative, corrective, detentional, penal, medical institutions, agencies, 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 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 2.19 . 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 committee chairs 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. (c) The city council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter. SECTION 2.20 . 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

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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. An abstention shall be counted as an affirmative vote. (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 2.21 . 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 It is hereby ordained by the governing authority of the City of Cobbtown, 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 2.23 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 2.22 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.23 . Emergencies. (a) 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;

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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 subsection 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 subsection for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. SECTION 2.24 . 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 2.21 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 inspection by the public. SECTION 2.25 . Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by the clerk's 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 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 Cobbtown, 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 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 changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.26 . Election of mayor; forfeiture; compensation. The mayor shall be elected 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 and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.27 . Mayor pro tempore. The mayor pro tempore shall be a member of the council who is elected at the organization meeting by majority vote of all members of the city council and shall serve for a term of two years and until a successor is elected and qualified. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

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SECTION 2.28 . Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the official 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 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 during the absence of any councilmember or breaking any tie vote; (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. SECTION 2.29 . Organization meeting. The council shall meet for organization on January 1 after each election year. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear or affirm) that I will honestly and truly perform the duties of (mayor or councilmember) of the city of Cobbtown, Georgia; and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the Constitution and laws of the United States of America. 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 shall establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as are 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 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 be subject to the direction and supervision of the mayor and be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at will and shall be subject to removal or suspension at any time by the mayor, unless otherwise provided by law or ordinance. 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 of such boards, commissions, and authorities. (b) All members of boards, commissions, and authorities of the city shall be appointed by the council for such terms of office and by such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (c) No member of any board, commission, or authority shall hold any elective office in the city. (d) Any vacancy in office of any member of 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 any applicable state law. (e) No member of any board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of office, such oath to be prescribed by ordinance of the council and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council.

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(g) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (h) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (i) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson for terms of one year 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 applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which 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 providing for the representation and defense of the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the council, mayor, 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 that person's 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 the custodian of the official city seal and city records, maintain city council records required by this charter, and perform such other duties as may be required by the city council. SECTION 3.14 . 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

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plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.15 . Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. SECTION 3.16 . Consolidation of functions. The city council may consolidate any two or more positions of city clerk, city tax collector, and city accountant, or any other positions, or may assign the function of any one or more of such positions to the holder or holders of any other positions. The city manager may also, in the event a city manager has been selected, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same. 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 Cobbtown, Georgia. SECTION 4.11 . Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by 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 that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Prior to assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality.

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The oath shall be entered upon the minutes of the city council journal required in Section 2.19 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 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 45 days or both such fine and imprisonment, or it may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance 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 that person's appearance and that person 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 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. 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 appar 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

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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. 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. Such certiorari shall be obtained under the sanction of a judge of the Superior Court of Tattnall 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 and shall be available for public inspection, and upon request a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. SECTION 4.16 . Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Tattnall County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the judge of the probate court, provided that any person who fails to file an appeal within ten days of the date of conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.

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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 Official Code of Georgia Annotated, 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 biennially in the odd years on the Tuesday next following the first Monday in November, with the first election under the terms of this charter in November, 1995. (b) The mayor and councilmembers in office on the effective date of this charter shall complete the terms for which they were elected. (c) At the election held in November, 1995, successors to the three councilmembers whose terms expire on December 31, 1995, shall be elected. At the election held in November, 1997, a successor to the mayor and the two councilmembers whose terms expire on December 31, 1997, shall be elected. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election. (d) Candidates for the office of mayor and councilmember shall run city wide. SECTION 5.12 . Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.13 . Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.14 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired

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term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, the Georgia Municipal Election Code. SECTION 5.16 . Removal of officers. (a) The mayor, councilmembers, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods: (1) By majority vote of the city council following a 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. The city council shall provide by ordinance for the manner in which such hearings shall be held. 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 Tattnall 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 Tattnall County following a hearing on a complaint seeking such removal brought by any resident of the city of Cobbtown. SECTION 5.17 . Qualifying; nomination of candidates; absentee ballots. The city council shall by ordinance prescribe rules and regulations consistent with general law and governing qualifying fees for candidates, nomination of candidates, absentee ballots, write-in votes, challenge of

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votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Cobbtown. ARTICLE VI FINANCE AND FISCAL 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. The city council may classify businesses, occupations, or professions 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 . Regulatory fees; permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and to pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall 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. SECTION 6.14 . Franchises. (a) 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,

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telephone companies, electric companies, electric membership corporations, cable television and other telecommunications 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 the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreements is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. 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 and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 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. SECTION 6.17 . Construction; other taxes and fees. This city shall be empowered to levy any other tax or fee 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.

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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 permits 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 . Lease-purchase contracts. The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

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SECTION 6.23 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24 . 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 plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans in compliance with the provisions of Chapter 81 of Title 36 of the Official Code of Georgia Annotated. SECTION 6.25 . 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 pertinent comments and information as the mayor may deem appropriate. The operating budget and the capital budget, the budget message, and all supporting documents shall be filled in the office of the city clerk and shall be open to public inspection. SECTION 6.26 . Action by city council on budget. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the second day of January of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all

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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 6.24 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 6.27 . Tax levies. 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 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29 . Capital budget. (a) On or before the date fixed by the city council but no later than 20 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing 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 plan and proposed budget. 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 budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the second day of January of each

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year. No appropriation provided for in a prior capital 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 budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30 . Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted government auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. SECTION 6.31 . 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 2.20 of this charter. SECTION 6.32 . Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33 . Sale and lease of city property. (a) The city council may sell and convey or lease 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

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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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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 . Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in 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 2.25 of this charter is accomplished. SECTION 7.12 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 100 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or

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desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14 . Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.16 . Specific repealer. An Act incorporating the City of Cobbtown in the County of Tattnall, approved August 19, 1919 (Ga. L. 1919, p. 897), as amended by an Act approved August 16, 1920 (Ga. L. 1920, p. 864); an Act approved July 23, 1931 (Ga. L. 1931, p. 721); an Act approved March 25, 1958 (Ga. L. 1958, p. 3175); an Act approved April 10, 1971 (Ga. 1971, p. 3912); and an Act approved April 17, 1975 (Ga. L. 1975, p. 3566), is repealed in its entirety. SECTION 7.17 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that legislation will be introduced in the 1995 regular session of the General Assembly of Georgia to create a new charter for the City of Cobbtown, Georgia, and for other purposes. E. Jad Funderburke, Mayor City of Cobbtown, Georgia Ronnie Funderburke, Clerk City of Cobbtown, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Barnard, 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 Tattnall Journal, which is the official organ of Tattnall County, on the following date: December 15, 1994. /s/ Terry Barnard Representative, 154th District Sworn to and subscribed before me, this 31st day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF FOREST PARK REDEVELOPMENT POWERS; REFERENDUM. No. 222 (House Bill No. 913). AN ACT To amend an Act establishing a new charter for the City of Forest Park, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, so as to authorize the City of Forest Park to have and to exercise any and all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., the Redevelopment Powers Law, as now or hereafter amended, and to provide for certain such

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powers; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act establishing a new charter for the City of Forest Park, approved March 24, 1988 (Ga. L. 1988, p. 4409), as amended, is further amended by adding immediately after Section 1.12 a new Section 1.12.1 to read as follows: SECTION 1.12.1 Redevelopment powers. The City shall have and be authorized to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to Chapter 44 of Title 36 of the O.C.G.A., the `Redevelopment Powers Law,' as now or hereafter amended. These powers shall include, without being limited to, all redevelopment powers, the power to issue tax allocation bonds and incur other obligations without such bonds or obligations constituting debt within the meaning of Article IX, Section V of the Constitution of the State of Georgia, and the power to enter into contracts with private persons, firms, corporations, and business entities for a period not exceeding the period specified in the `Redevelopment Powers Law.' SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Forest Park shall call and conduct an election as provided in this section for the purpose of submitting this Act to the qualified voters of the City of Forest Park for approval or rejection. The election superintendent shall conduct that election on a date specified by the Mayor and Council of the City of Forest Park and shall issue the call therefor not less than 30 days prior to that date. The superintendent shall cause the date and purpose of such election to be published once at least 30 days prior to the election in the Clayton News/Daily . The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which authorizes the City of Forest Park to have and to exercise all redevelopment and other powers authorized or granted to municipalities pursuant to the `Redevelopment Powers Law' of the State of Georgia, as now or hereafter amended? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If a

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majority of the qualified voters of the City of Forest Park voting on such question in such special election vote in favor of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by the City of Forest Park. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to authorize Forest Park to have and be authorized to exercise all redevelopment and other powers authorized and granted to political subdivisions pursuant to the Redevelopment Powers Law as now or hereafter amended, and provided for certain such powers; to provide for a referendum; and for other purposes. Kirby A. Glaze Attorney for Forest Park Development Authority City of Forest Park GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee, who, on oath, deposes and says that he is Representative from the 94th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: February 17, 1995. /s/ William J. Lee Representative, 94th District Sworn to and subscribed before me, this 27th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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OGLETHORPE COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 223 (House Bill No. 789). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The judge of the Probate Court of Oglethorpe County shall be elected by the qualified voters of Oglethorpe 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 election laws of Georgia. SECTION 2 . Beginning January 1, 1996, 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 . A candidate for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her 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 or her 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 days 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 name 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

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each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of judge of the probate court shall be nominated by any political party. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe County; to provide for related matters; to repeal conflicting laws; and for other purposes. This 7th day of February, 1995. W. A. Bryant County Commission Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom McCall, who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the following date: February 9, 1995. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 16th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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TOWN OF CLERMONT MAYOR AND COUNCIL; QUALIFICATIONS. No. 224 (House Bill No. 812). AN ACT To amend an Act entitled An Act to provide a new charter for the Town of Clermont, approved April 5, 1994 (Ga. L. 1994, p. 4783), so as to change certain requirements for holding certain offices; 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 provide a new charter for the Town of Clermont, approved April 5, 1994 (Ga. L. 1994, p. 4783), is amended by striking in its entirety Section 2-102 and inserting in lieu thereof the following: SECTION 2-102. Qualifications of office. (a) To be eligible for election or appointment as mayor, a person, at the time of election or appointment, must: (1) Have attained the age of 21 years; (2) Have resided in the town for one year immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) Be a qualified elector of the town; and (4) Meet any other requirements as may be established by general state law. (b) To be eligible for election or appointment as a councilmember, a person, at the time of election or appointment, must: (1) Have attained the age of 21 years; (2) Have resided in the town for one year immediately preceding the date of election or appointment and must continue in such residence during the term of office; (3) Be a qualified elector of the town; and (4) Meet any other requirements as may be established by general state law.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT A RESOLUTION signed by Mayor Councilman December 22, 1994 to request the new TOWN CHARTER be, amended in the 1995, Legislative Session, New charter known as Act 1074 located on page 4782 thru page 4819 of Georgia Laws Vol. II, Book II replacement volume signed April 05, 1994 by Governor Zell Miller. The Town of Clermont requests the legislative delegation to introduce required legislation to amend the Town of Clermont's charter Section 2-102(a)(1) and Section 2-102(b)(1) be amended to read, have attained the age of 21 years. Section 2-102 (a)(2) and Section 2-102(b)(2) be amended to read, HAVE RESIDED IN THE TOWN FOR 1 YEAR. CAROLE PETERS, Mayor Pro-Tem Town of Clermont GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clint Smith, 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 Times, which is the official organ of Hall County, on the following date: January 14, 1995. /s/ Clint W. Smith Representative, 19th District Sworn to and subscribed before me, this 20th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. CITY OF ILA MAYOR AND COUNCIL; TERMS. No. 225 (House Bill No. 674). AN ACT To amend an Act incorporating the City of Ila in the County of Madison, approved February 1, 1951 (Ga. L. 1951, p. 2133), as amended, particularly

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by an Act approved March 30, 1989 (Ga. L. 1989, p. 4665), so as to change the terms of office of the mayor and councilmembers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act incorporating the City of Ila in the County of Madison, approved February 1, 1951 (Ga. L. 1951, p. 2133), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4665), is amended by striking in their entirety Sections 6 and 7 and inserting in their place new Section 6 and 7 to read as follows: SECTION 6. The mayor and councilmembers serving on the effective date of this section shall serve the remainder of their terms and until their successors have been elected and qualified. SECTION 7. On the Tuesday next following the first Monday in November, 1996, and every four years thereafter, an election shall be held for the offices of those councilmembers whose terms expire the following January. On the Tuesday next following the first Monday in November, 1995, and every four years thereafter, an election shall be held for the office of mayor and the offices of those councilmembers whose terms expire the following January. The mayor and councilmembers shall take office on the first Tuesday in January next after their election for terms of four years. On the first Tuesday in January, after their election, the newly elected mayor and councilmembers-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of the State of Georgia to administer oaths, the following oath of office: `I do solemnly swear that I will well and truly demean myself as mayor (or councilmember, as the case may be) of the City of Ila for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilmember be absent from said meeting, he or she or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmembers shall provide, by ordinance, for regular monthly meetings and may hold such special or called meetings as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor or any one or more of the councilmembers shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection of the mayor and councilmembers, in the case of vacancies on the council, and by the councilmembers in the case of a vacancy in the

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office of mayor; and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed 12 months. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act establishing a charter for the City of Ila, approved February 1, 1951 (Ga. L. 1951, p. 2133); as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4665), so as to provide for the terms of the mayor and council members; and for other purposes. This 23rd day of January, 1995. Representative John Scoggins 24th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Scoggins, who, on oath, deposes and says that he is Representative from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madison County Journal, which is the official organ of Madison County, on the following date: February 1, 1995. /s/ John Scoggins Representative, 24th District Sworn to and subscribed before me, this 9th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 5, 1995. CITY OF DULUTH CORPORATE LIMITS. No. 226 (House Bill No. 952). AN ACT To amend an Act providing a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act

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approved March 16, 1987 (Ga. L. 1987, p. 3914), so as to clarify the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved March 16, 1987 (Ga. L. 1987, p. 3914), is amended by striking Section 1.11 in its entirety and inserting in lieu thereof a new Section 1.11 to read as follows: SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this amendment to the charter as described in this charter and as described in Exhibit `A,' which is attached to this charter and incorporated in this charter by reference. Upon the adoption of this amendment to the charter, the boundaries of this city shall include all that area as described in the original charter: to wit extension in a circle of three quarters of a mile in every direction from an iron pin located at the freight depot of the Southern Railway Company in the City of Duluth, same being more particularly designated and located by beginning at the center of the intersection of the Lawrenceville-Duluth paved highway with the railroad crossing of the Southern Railroad and running thence South 47 degrees West, 132.2 feet to the iron pin aforesaid, which is also 20 feet from the Southeast corner of the present freight depot of the Southern Railway Company in said City. The boundaries shall also include all those areas as described in the annexation ordinances as enumerated in Exhibit `B,' which is attached to this charter and incorporated in this charter by reference. The boundaries of this city also include those as shown on the Official Map of the Corporate Limits of the City of Duluth, Georgia, as of January 1, 1995. Alterations of the boundaries of this city may be made from time to time in a manner provided by law. The boundaries of this city shall be shown at all times on a map to be retained permanently in the office of the city clerk and to be designated `Official Map of the Corporate Limits of the City of Duluth, Georgia.' Photographic, typed, or other copies of such map certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. EXHIBIT A The area described in this section is intended to include, and is by this exhibit declared to include, all of the property included in the tax parcels set forth below, as those tax parcels are shown on the tax maps of Gwinnett County as of January 1, 1994, and all of the public roadways and rights of way adjacent to those parcels: 6-264-027 6-264-028 6-264-032 through 040 6-264-042 6-264-045 through 062 6-264-077 6-264-088 through 101 6-264-129 through 151 6-264-165 through 170 6-264-174 through 238 6-264-240 6-264-241 6-264-251 through 309 6-265-033 6-265-034 6-265-034A 6-265-035 through 037 6-265-043 through 046 6-265-054 6-265-055 6-265-072 6-265-074 6-265-075 6-265-093 6-265-166 6-265-245 6-265-247 6-265-253 6-265-255 6-265-257 6-265-259 6-265-261 6-265-263 6-265-265 6-265-267 6-265-268 6-265-274 6-265-276 6-265-278 6-266-001 through 003 6-266-003A 6-266-003B 6-266-004 through 006 6-266-007A 6-266-010 through 014 6-266-019 6-266-021 6-266-023 6-266-027 6-266-030 through 032 6-266-034 6-266-036 6-266-037 6-266-039 6-266-041 through [Illegible Text] 6-266-045 6-266-046 6-266-048 6-267-002 6-267-003B 6-267-016 6-267-025 6-267-026 6-267-031 6-267-035 6-267-041 6-267-046 6-267-048 6-267-052 6-267-054 6-290-003 through 005 6-290-025 through 038 6-290-040 through 048 6-290-052 6-290-054 6-290-056 through 062 6-290-064 6-290-066

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6-290-068 6-290-070 6-290-072 6-290-078 6-290-079 6-290-081 through 110 6-290-112 6-290-166 6-290A-001 through 112 6-290A-114 through 122 6-291-001 6-291-002 6-291-005 6-291-007 6-291-009 6-291-013 6-291-017 6-291-019 6-291-021 through 048 6-291-050 6-291A-001 through 036 6-291B-001 through 018 6-291C-001 through 031 6-291C-033 through 038 6-291C-040 through 044 6-291C-046 through 055 6-292-001 through 005 6-292-007 6-292-007A 6-292-008 6-292-010 6-292-012 6-292-014 6-292-015 6-292-017 6-292-028 through 034 6-292-034A 6-292-035 through 038 6-292-040 through 043 6-292-043A 6-292-044 6-292-046 6-292-047 6-292-049 through 051 6-292-053 6-292-056 through 058 6-292-060 6-292-062 6-292-065 6-292-067 6-292-069 6-292-071 6-292-073 6-292-075 6-292-077 through 112 6-292-117 through 150 6-292A-001 through 004 6-292A-006 6-292A-007 6-292A-009 through 012 6-292A-015 6-292A-017 through 023 6-292A-025 through 054 6-292A-056 through 072 6-292B-001 through 047 6-292C-001 through 048 6-293-001 through 003 6-293-003A 6-293-003B 6-293-004 through 009 6-293-009A 6-293-011 through 015 6-293-015A 6-293-015B 6-293-016 6-293-017 6-293-017A 6-293-018 6-293-018A 6-293-019 through 021 6-293-021A 6-293-022 through 027 6-293-029 6-293-030 6-293-033 through 035 6-293-035A 6-293-036 through 048 6-293-050 through 060 6-293-062 6-293-064 through 074 6-293-074A 6-293-077 6-293-078 6-293-078A 6-293-079 through 083 6-293-083A 6-293-083B 6-293-085 6-293-085A 6-293-086 through 088

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6-293-092 6-293-094 through 101 6-293-101A 6-293-102 through 104 6-293-104A 6-293-105 6-293-106 6-293-106A 6-293-107 6-293-110 6-293-110A 6-293-111A 6-293-112 through 114 6-293-114A 6-293-116 through 118 6-293-118A 6-293-119 through 121 6-293-123 6-293-125 through 127 6-293-129 through 132 6-293-132A 6-293-135 6-293-136 6-293-140 6-293-143 6-293-145 through 149 6-293-152 through 159 6-293-159A 6-293-160 6-293-160A 6-293-161 6-293-162 6-293-162A 6-293-163 6-293-165 through 169 6-293-173 through 175 6-293-178 6-293-182 6-293-184 through 186 6-293-188 6-293-190 6-293-193 6-293-195 6-293-198 through 201 6-293-205 6-293-207 6-293-208 6-293-210 6-293-211 6-293-214 6-293-221 6-293-225 6-293-227 6-293-229 6-293-233 6-293-235 6-293-237 6-293-239 6-293-244 6-293-252 6-293-260 6-293-262 6-293-264 6-293-268 6-293-272 6-292-274 6-293-276 6-293-278 6-293A-001 6-293A-003 through 020 6-293A-023 6-293A-025 6-293A-027 6-294-006 6-294-009 through 016 6-294-016A 6-294-016D 6-294-017 6-294-017A 6-294-020 6-294-021 6-294-035 6-294-036 6-294-036A 6-294-037 through 043 6-294-043A 6-294-045 6-294-046 6-294-046A 6-294-047 6-294-048 6-294-048A 6-294-050 6-294-051 6-294-051A 6-294-053 6-294-054 6-294-056 through 060 6-294-060A 6-294-061 through 067

Page 4405

6-294-069 through 074 6-294-082 through 087 6-294-087A 6-294-088 6-294-088A 6-294-089 through 095 6-294-097 through 113 6-294-120 through 167 6-294-169 6-294-196 6-294-199 6-294-200 6-294-206 6-294-207 6-294-209 through 211 6-294-213 6-294-216 6-294-217 6-294-220 6-294-221 6-294-229 6-294-231 6-294-236 6-294-239 through 241 6-294-243 through 259 6-294-261 6-294-262 6-294-264 6-294-265 6-294-267 through 270 6-294-273 through 276 6-294-279 6-294-280 6-294-282 through 302 6-294-304 6-294-306 6-294-308 6-294-310 6-294-312 6-294-314 6-294-316 6-294-318 6-294-320 6-294-322 6-294-327 through 364 6-294-366 through 406 6-294-408 through 484 6-295-003 through 021 6-295-024 6-295-025 6-295-028 through 048 6-295-051 6-295-053 6-295-055 6-295-057 6-295-059 6-295-061 6-295-063 6-295-065 through 070 6-295-087 6-295-089 6-295A-001 6-295A-003 through 005 6-295A-005A 6-295A-005B 6-295A-006 through 014 6-295A-016 through 027 6-295A-029 6-296-002 6-296-004 through 021 6-296-023 6-296-025 6-296-029 6-296-031 6-296-033 6-296-035 6-296-037 6-296-039 6-296-041 6-296-042 6-296-044 6-296-046 6-296-048 6-296-050 6-296-081 6-296-083 6-296-085 6-296-087 6-296-091 6-296-093 6-296A-001 through 076 6-296B-001 through 028 6-296C-001 through 028 6-297-117 through 137 6-297-139 through 142 6-297-145 through 162 6-297-167 through 190 6-297-192 through 198 6-297-200 through 221 6-297-223 through 235

Page 4406

6-297-237 6-297-238 6-297-244 through 254 6-297-257 6-297-260 6-297-264 through 282 6-297-284 through 305 6-320-013 through 039 6-320-041 through 053 6-320-055 6-320-057 6-320-059 through 077 6-320-079 6-321-002 6-321-004 through 020 6-321-022 6-321-024 through 030 6-321-032 6-321-034 6-321-036 6-321-038 6-321-039 6-321-041 6-321-105 through 108 6-321-110 6-321-112 6-321-113 6-321-115 6-321-116 6-321-118 through 120 6-321-132 6-321-137 6-321-144 6-321-145 6-321-147 6-321-149 6-321A-001 through 050 6-322-003 through 045 6-322-047 through 127 6-322-129 6-322-130 6-322-132 6-322-133 6-322-135 6-322-137 through 140 6-322-142 6-322-145 6-322-151 6-322-153 through 155 6-322A-001 through 054 6-322B-001 through 156 6-323-002 6-323-007 through 010 6-323-010A 6-323-011 6-323-013 6-323-021A 6-323-023 6-323-024 6-323-026 6-323-028G 6-323-028H 6-323-041 6-323-080 6-323-086 through 091 6-323-106 through 121 6-323-123 through 148 6-323-160 6-323-172 6-324-001 6-324-002 6-324-002A 6-324-003 6-324-005 6-324-009 6-324-009B 6-324-010 6-324-012 6-324-013 6-324-015 6-324-017 6-324-018 6-324-020 6-324-022 through 033 6-324-039 6-324-041 through 079 6-324-081 through 083 6-324-085 6-324-087 6-324-089 6-324-091 6-324-095 through 155 6-324-159 6-324-161 through 204 6-325-001 6-325-002 6-325-004 through 018 6-325-020 6-325-022 through 024 6-325-026

Page 4407

6-325-028 6-325-030 6-325-031 6-325-033 6-325-035 6-325-036 6-325-038 6-326-001 6-326-002 6-328-001 through 005 6-328-007 7-158-1 (portion) 7-161-001 7-161-001A 7-161-002 through 004 7-161-004A 7-161-005 7-161-006 7-161-006B 7-161-007 through 009 7-161-011 through 013 7-161-013A 7-161-014A 7-161-014B 7-161-014C 7-161-014D 7-161-014E 7-161-014F 7-161-014H 7-161-014I 7-161-014J 7-161-014K 7-161-016 7-161-017 7-161-017A 7-161-019A 7-161-019B 7-161-021 7-161-022 7-161-022A 7-161-023 7-161-025 7-161-027 through 034 7-161-036 through 044 7-161-047 through 101 7-161-103 through 119 7-161-121 7-161-124 7-161-126 7-161-129 through 144 7-161-148 through 163 7-161-165 through 174 7-161-176 through 197 7-161-200 7-161-201 7-161-204 through 236 7-161-240 7-161-243 7-161-245 7-161-249 7-161-253 7-161-255 7-161-263 7-162-010 through 016 7-162-019 through 031 7-162-033 through 045 7-162-047 through 064 7-162-101 7-201-014 7-201-016 7-201-016A 7-201-018 through 031 7-201-050 through 081 7-201-154 through 162 7-201-164 through 203 7-201-205 7-201-214 7-202-001 7-202-002 7-202-06 through 024 7-202-026 through 028 7-202-031 through 037 7-202-039 through 043 7-202-043A 7-202-044 7-202-045 7-202-047 7-202-047A 7-202-048 through 059 7-202-059A 7-202-060 7-202-060A 7-202-060B 7-202-061 7-202-062A 7-202-063 through 071 7-202-073 7-202-073A

Page 4408

7-202-074 through 076 7-202-076A 7-202-077 through 089 7-202-089A 7-202-090 through 108 7-202-110 7-202-112 through 114 7-202-116 7-202-117 7-202-119 7-202-121 7-202-123 7-202-125 through 128 7-202-130 through 155 7-202-158 7-202-159 7-202-161 through 183 7-202-185 7-202-187 through 189 7-202-192 7-202-194 through 210 7-202-212 7-202-214 7-202-216 7-202-218 through 244 7-202-246 7-202-248 7-203-001 7-203-002 7-203-002A 7-203-003 through 005 7-203-007 through 012 7-203-014 through 018 7-203-020 through 023 7-203-025 7-203-025A 7-203-026 through 034 7-203-034A 7-203-035 through 042 7-203-044 through 048 7-203-050 through 085 7-203-087 7-203-089 7-203-090 7-203-092 7-203-093 7-203-095 7-203-097 7-203-099 7-203-101 7-203-103 7-203-106 7-203-111 through 183 7-203-185 through 213 7-203-215 7-203-217 through 236 7-203-238 through 271 7-203-275 through 286 7-203-288 through 291 7-203-296 through 298 7-203-300 through 337 7-203-339 7-203-341 7-203-343 7-203-345 7-204-001 7-204-003 7-204-009 through 179 7-204-181 through 255 7-204-257 through 267 7-204-269 through 303 7-204-305 7-204-307 through 331 7-204-333 through 358 7-204-361 through 381 7-204-383 through 423 7-205-002 7-242-001 7-243-001 7-243-004 7-243-008 7-243-010 through 055 7-243-057 through 067 7-244-001 7-244-002 7-244-006 through 018 7-224-020 through 034 7-244-036 7-244-038 7-244-040 through 071 7-244-073 through 084 7-244-088 through 131 7-244-136 through 138 7-244-141 through 255 7-244-257 through 283 7-244A-001 through 070 7-246-001

Page 4409

EXHIBIT B ITEMIZATION OF LAND PARCELS ANNEXED BY MUNICIPAL ACTION AND BY STATE LEGISLATIVE ACTION IN THE CITY OF DULUTH, GEORGIA Annexation Name of Date of Acres No. Applicant Annexation 1 David M. Lacey and B. F. Lacey 01/03/73 60.15 2 R. M. Burns, Ruth D. Burns, Jean Arthur Arnold Corley 07/06/90 6.0 3 Century Mortgage Corporation 03/05/73 25.508 4 B. L. Hovey and Agnes Hovey 03/05/73 3.5 5 B. L. Hovey and Agnes Hovey 03/05/73 3.85 6 Income Properties, Inc. 01/15/73 100.00 *1 *1 All starred acreage are approximations. 7 Steven P. Bowles and Jerry L. Harrison 09/13/72 156.85 8 Mutual Land Fund, Inc. 01/03/73 344.70 9 Julian LeCraw, J. Frank Kelley, III, William H. Woodward Fred S. Singer 01/03/73 154.68 10 *2 *2 This parcel is the same one as annexation number 64. D. Scott Hudgens 09/10/73 .85 11 Duluth Methodist Church 01/03/73 8.71 12 Joe H. Anderson, J. William Gibson, William L. Gunther William S. King 01/03/73 85.794 13 Dr. M. H. Mason 01/03/73 52.8 14 Anderson Bait Distributors, Inc. 01/03/73 6.49 15 A. W. Odum Ann Parsons Odum 01/03/73 7.87 16 Agnew Andrews, Jr. 01/03/73 18.8

Page 4410

17 Agnew Andrews, Jr. 01/03/73 .172 18 Wallace C. Lail 01/03/73 6.59 19 Minor M. Corley and Mrs. 01/03/73 39.17 20 Lee Payne 01/15/73 19.2 21 Thurmond McCoy, Mrs. Florence McCoy, Marian B. McCoy and Louis A. Wilson 05/14/73 3.66 22 Thurmond McCoy, Mrs. Florence McCoy, Marian B. McCoy and Louis A. Wilson 05/14/73 23.76 23 Scott Hudgens 12/04/72 15.93 24 Jimmy Anderson 12/04/72 1.15 25 Guy Ben Findley 12/04/72 4.59 26 Guy Ben Findley 12/04/72 .91 27 Duluth Baptist Church, Inc. 12/04/72 .854 28 Ralph T. Youngblood 12/04/72 .82 29 D. Scott Hudgens 12/04/72 19.122 30 City of Duluth, GA 03/16/73 10.99 31 Harry Shafer 11/04/72 35.815 32 Vantress Farms, Inc. 10/23/72 393.1 33 W. Paul Kesmodel, Jr. 10/02/72 .854 34 Scott Hudgens, R. L. Brand, Jr. and C. H. Vaughn 10/02/72 1118.6 35 David M. Lacey 12/03/73 18.53 36 Marc A. Chary and Stephen A. Kuranoff 04/23/84 9.023 37 Jimmy L. Anderson and William G. Lamont 10/10/83 .485

Page 4411

38 Ernest Lee Wood 02/15/82 4.62 39 Southeast Property Consultants, Inc. and Great Eagle Enterprises, Inc. 01/14/74 116.19 40 Scott Development Co. 04/08/74 87.876 41 D. S. Hudgens, Jr. 05/10/76 6.31 42 5430 Jimmy Carter Boulevard, Inc. 03/12/79 1.4 43 Steven Boles and Jerry Harrison 02/11/74 36.764 44 Jimmy L. Anderson and William G. Lamont 10/12/81 5.57 45 Northeast Metro Construction Co. 11/10/80 4.5 46 R. Pierce Chatham and G. E. Smith 03/12/84 7.652 47 R. Pierce Chatham and G. E. Smith 03/12/84 .253 48 City of Duluth, GA *3 *3 Parcel 48 was added by the State Legislature by adoption of new Charter for the City of Duluth, Georgia. 03/16/87 421.650 49 Ruby M. Smith 12/08/86 36.65 50 Allan G. Garner 12/08/86 344 51 Frank M. Ewing 12/08/86 30.00 52 D. B. McKerley 12/08/86 .74* 53 Geraldine Ruis 12/08/86 1.2 54 George T. Mitchell 12/08/86 .68* 55 Margaret P. Andrews 12/08/86 4.17 56 James D. Elliott 12/08/86 3.85 57 Jack S. Tonge 12/08/86 .40* 58 Mattie Lou Tonge 12/08/86 .75*

Page 4412

59 McDaniel Enterprises 12/08/86 52.48 60 Nelms/Dispain 08/25/86 .73* 61 62 Howard Smith 10/13/86 5.0 63 Jerry Bradford 10/13/86 .44* 64 Dallas Development 10/13/86 .85 65 James Elliott 10/13/86 6.33 66 James Elliott 10/13/86 1.048 67 Nancy Russell 12/08/86 16.895 68 William Franklin 10/13/86 4.53 69 Leonard Anglin 01/12/87 1.0 70 Alan and Kay Davis 11/24/86 .54 71 Frank Duncan, Jr. 01/12/87 1.49 72 Frank Duncan, Sr. 01/12/87 17.915 73 Tim Bostic 01/12/87 .22* 74 Doug Butler 01/12/87 .18* 75 Mr. and Mrs. Gus Hyde 01/12/87 .91* 76 Frank Duncan 02/24/86 3.7 77 Bailey Brother, Inc. 09/28/87 .317 +.486 78 Joseph Davis 03/23/87 1.58* 79 Jimmy Anderson William G. Lamont 03/14/88 .485 80 William Reever 03/14/88 2.38 81 Billy D. Mullinax 03/14/88 .3 82 Newborn/Richardson 03/14/88 .42* 83 John E. Mansfield 03/14/88 .4 84 Hurlang Memar 06/13/88 .4

Page 4413

85 W. Wages 11/14/88 .6* 86 Mac McDaniel 10/24/88 26.52* 87 Everett Major 06/18/90 320.366 88 Marion Ellington 07/08/91 .25 89 Thomas Helton 10/19/92 .745 90 Jolly Development 01/04/93 48.9 91 Ruby Smith 10/29/92 26.289 92 O'Neal(1) 03/28/88 11.6 93 I.D.I.(2) 03/28/88 10 94 Ryder(3) 03/28/88 3.2 95 Apple A Day Nursery School 07/27/87 1.24 96 Russell 12/08/86 137.210 97 (Reserved) 98 City 04/19/72 3.0 99 Head 01/13/86 3.0 100 Castlemain Subdivision 06/22/92 76.43 101 Bandy 08/08/94 210.249 102 Park on Bunten Road 10/10/94 45.0 NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1995 Session of the General Assembly of Georgia a Bill to amend an Act providing a New Charter for the City of Duluth, Georgia, approved March 16, 1987 (Ga. L. 1987, p. 3914), as amended, to clarify the Corporate Limits of the City.

Page 4414

This 22nd day of February, 1995. Mayor and Council City of Duluth, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks P. Coleman, Jr., 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 Gwinnett Post-Tribune, which is the official organ of Gwinnett County, on the following date: February 24, 1995. /s/ Brooks P. Coleman, Jr. Representative, 80th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995. PUTNAM COUNTY HOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUMS. No. 227 (House Bill No. 1019). AN ACT To provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Page 4415

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 SECTION 1 . For purposes of this part, the term: (1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Putnam County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes 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 Putnam County is granted an exemption on that person's homestead from all Putnam County ad valorem taxes for county purposes the following amounts: (1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3 . The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

Page 4416

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 part to notify the tax commissioner of Putnam 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 part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. SECTION 6 . The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Putnam County ad valorem taxes for county purposes. SECTION 7 . The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997. SECTION 8 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Putnam County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words: () YES () NO Shall Part 1 of an Act be approved which provides for a homestead exemption of Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?

Page 4417

All persons desiring to vote for approval of this part 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 this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 2 SECTION 9 . 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 Putnam 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. but only includes 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 10 . Each resident of the Putnam County school district is granted an exemption on that person's homestead from all Putnam County school district ad valorem taxes for educational purposes in the following amounts: (1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead;

Page 4418

(3) For the taxable year beginning on January, 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 11 . The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 12 . 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 part to notify the tax commissioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 13 . The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. SECTION 14 . The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Putnam County school district ad valorem taxes for educational purposes. SECTION 15 . The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.

Page 4419

SECTION 16 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Putnam County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words: () YES () NO Shall Part 2 of an Act be approved which provides for a homestead exemption of Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period? All persons desiring to vote for approval of this part 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 this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 3 SECTION 17 . Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 4420

SECTION 18 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for homestead exemptions from Putnum County ad valorem taxes for county purposes and for educational purposes for certain homesteads that are leased in certain residents of that county; and for other purposes. This 8th day of February, 1995. Bobby E. Parham 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 122nd 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 9, 1995. /s/ Bobby E. Parham Representative, 122nd District Sworn to and subscribed before me, this 9th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 5, 1995.

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CITY OF ATLANTA URBAN ENTERPRISE ZONES; MARTA STATION AREAS. No. 243 (Senate Bill No. 254). AN ACT To amend an Act providing for urban enterprise zones in the City of Atlanta and known as the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5055), so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 acres to one acre; to reduce the minimum acreage required for a mixed-use residential and commercial zone within 1,000 feet of a MARTA station from eight acres to one acre; to reduce the minimum acreage required for all other mixed-use residential and commercial zones from eight acres to five acres; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for urban enterprise zones in the City of Atlanta and known as the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5055), is amended by striking subsection (d) of Section 5 and inserting in lieu thereof a new subsection (d) to read as follows: (d)(1) A zone for industrial purposes may not be less than 25 acres in size. (2) A zone for commercial purposes may not be less than eight acres in size. (3) A zone for residential purposes may not be less than five acres in size, except: (A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one acre will be required; (B) When the proposed zone contains a historic multifamily structure, which structure is suitable for rehabilitation or renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required; (C) When the proposed zone contains a single-room occupancy residence in which at least 80 percent of the units to be provided bear weekly rents which do not exceed the fair market rents for the Atlanta metropolitan statistical area for single-room occupancy

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residences as most recently published by the United States Department of Housing and Urban Development. In said case, there will be no minimum acreage required. Prior to enterprise zone status being granted to single-room occupancy residences, the single-room occupancy operating plan must be presented, and it must project a minimum of 20 percent of the units for homeless persons, including persons previously living in emergency shelters, substandard housing, or in no housing whatsoever; or (D) When the proposed zone is located within the Central Business District of the City of Atlanta as defined in the most recent United States Census of Retail Trade, in which case a minimum of 2.5 acres will be required. (4) A zone for mixed-use residential and commercial purposes may not be less than five acres in size, except when the proposed zone is located within 1,000 feet of a MARTA station [Illegible Text] entrance, in which case a minimum of one acre will be required. (5) A zone for mixed-use commercial and industrial purposes may not be less than 25 acres in size. 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 1995 session of the General Assembly of Georgia a bill to amend the Atlanta Urban Enterprise Zone Act, so as to reduce the minimum acreage requirements of certain zones; and for other purposes. This 5th day of January, 1995. SENATOR RONALD D. SLOTIN 39th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald D. Slotin, who, on oath, deposes and says that he is Senator from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 10, 1995. /s/ Ronald D. Slotin Senator, 39th District Sworn to and subscribed before me, this 23rd day of January, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 7, 1995. FULTON COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 250 (House Bill No. 780). AN ACT To increase the homestead exemptions from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over and provide for conditions and procedures relating thereto; to provide for special elections; 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: (1) Adjusted gross income means such term as defined in the Internal Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the Official Code of Georgia Annotated, except that for purposes of this Act the term shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (2) Fulton County ad valorem taxes for county purposes means all Fulton County ad valorem taxes except for ad valorem taxes levied by, for, or on behalf of the Fulton County School District and including ad valorem taxes to pay interest on and retire county bonded indebtedness.

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(3) Homestead means homestead as defined and qualified in Code Section 48-5-40. SECTION 2 . Each resident of Fulton County who meets the requirements of Section 3 of this Act and is 65 years of age or over or is disabled is granted an exemption on that person's homestead from all Fulton County ad valorem taxes for county purposes in the following amounts of the assessed value of such homestead: (1) $2,000.00 for the first taxable year the exemption under this Act is applicable; (2) $4,000.00 for the second taxable year the exemption under this Act is applicable; (3) $6,000.00 for the third taxable year the exemption under this Act is applicable; and (4) $8,000.00 for the fourth and every taxable year thereafter the exemption under this Act is applicable. The value of the homestead in excess of the exempted amount shall remain subject to taxation. SECTION 3 . The exemption provided by Section 2 of this Act shall only apply if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. SECTION 4 . In order to qualify for the exemption provided for in this Act as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. SECTION 5 . 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.

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SECTION 6 . Any person who, as of December 31 of the taxable year immediately preceding the taxable year this Act first becomes applicable, has applied for and is eligible for the $10,000.00 homestead exemption from Fulton County ad valorem taxation for county school purposes for persons who are 65 years of age or over or who are disabled as provided by a Resolution found at Ga. L. 1978, p. 2367, shall be eligible for the exemption granted by this Act without applying therefor. Otherwise, the exemption under this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be 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 Fulton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 7 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. SECTION 8 . The exemption granted by this Act shall be in lieu of and not in addition to any other exemption from Fulton County ad valorem taxes for county purposes, except that this exemption shall be in addition to that exemption from such taxes granted by an Act approved April 20, 1992 (Ga. L. 1992, p. 6583). SECTION 9 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year immediately following the year in which Sections 1 through 8 of this Act become effective. SECTION 10 . 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 at the time of any Fulton County special election otherwise conducted prior to the date of the 1996 presidential preference primary unless no such special election is conducted prior to that date, in which event the special election under this Act shall be conducted at the time of the presidential preference primary in 1996. The election superintendent shall issue the call therefor as provided by general law. The superintendent shall cause the date and purpose of the

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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 an Act be approved which provides for an additional $2,000.00 homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over, which exemption shall be increased to $8,000.00 over a four-year period? All persons desiring to vote for approval of this Act shall vote Yes, and those persons desiring to vote for rejection of this Act shall vote No. If more than one-half of the votes cast on such question are for approval of this Act, then Sections 1 through 9 of this Act shall become of full force and effect immediately. If this Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 9 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 11 . Except for Sections 1 through 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1 through 9 of this Act shall become effective as provided in Section 10 of this Act. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1995 Session of the Georgia a bill to amend an Act pertaining to homestead exemptions in Fulton County, and for other purposes. This 3rd day of February, 1995. REP. MARK BURHALTER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mark Burkhalter, 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

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published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 3, 1995. /s/ J. Mark Burkhalter Representative, 41st District Sworn to and subscribed before me, this 14th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 7, 1995. COBB COUNTY CHIEF DEPUTY SHERIFF; CHIEF INVESTIGATOR; EXECUTIVE ASSISTANT; COMPENSATION; QUALIFICATIONS. No. 310 (House Bill No. 953). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3762), and an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide qualifications for the chief deputy sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3762), and an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (c), and (d) of Section 5 to read as follows: (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $61,382.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff.

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The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for above, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $60,020.00 per annu, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $36,421.00 per annum, to be paid in equal monthly installments from the funds of Cobb County.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the compensation of the superior court, the sheriff, and the judge of the probate court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 18 day of January, 1995. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Matt Towery, who, on oath, deposes and says that he is Representative from the 30th 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 20, 1995. /s/ Matt Towery Representative, 30th District Sworn to and subscribed before me, this 6th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 11, 1995. GRIFFIN-SPALDING COUNTY CHARTER AND UNIFICATION COMMISSION CREATION. No. 312 (Senate Bill No. 419). AN ACT To create and establish the Griffin-Spalding County Charter and Unification Commission; to provide for a short title; to provide for definitions; to

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provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Griffin and the County of Spalding; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Spalding, the City of Griffin, the City of Orchard Hill, and the City of Sunnyside and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Spalding County; to provide for the submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to permit the governing authorities of the City of Orchard Hill and City of Sunnyside to opt out of the consolidation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . This Act shall be known and may be cited as the Griffin-Spalding County Charter and Unification Commission Act and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia. SECTION 2 . As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise: (1) Charter and unification commission or commission shall mean the Griffin-Spalding County Charter and Unification Commission provided for in this Act. (2) Governing authority of the City of Griffin shall mean the Board of Commissioners of the City of Griffin, a municipal corporation of the State of Georgia. (3) Governing authority of the City of Orchard Hill shall mean the mayor and council of the City of Orchard Hill, a municipal corporation of the State of Georgia. (4) Governing authority of the City of Sunnyside shall mean the mayor and council of the City of Sunnyside, a municipal corporation of the State of Georgia.

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(5) Governing authority of the County of Spalding shall mean the Board of Commissioners of Spalding County, a political subdivision of the State of Georgia. SECTION 3 . (a) There is created the Griffin-Spalding County Charter and Unification Commission, which shall consist of 15 members to be appointed within 30 days of the effective date of this Act as provided in this section. (b) The governing authority of the City of Griffin shall appoint six members to the charter and unification commission with two of those six members being members of the Board of Commissioners of the City of Griffin at the time of their appointments and for the duration of their entire terms as members of the charter and unification commission and with four of the six members being citizens of the City of Griffin at the time of such appointment and for the duration of their respective terms as members of such commission. (c) The governing authority of the County of Spalding shall appoint six members to the charter and unification commission with two of those six members being members of the Board of Commissioners of the County of Spalding at the time of their appointments and for the duration of their entire terms as members of the charter and unification commission and with four of the six members being citizens of Spalding County at the time of such appointment and for the duration of their respective terms as members of such commission. (d) The governing authorities of the City of Griffin and the County of Spalding shall jointly appoint one member to the charter and unification commission who shall be a citizen of Spalding Country at the time of such appointment and for the duration of his or her entire term as a member of such commission. (e) The governing authorities of the City of Orchard Hill and the City of Sunnyside shall each appoint one member to the charter and unification commission who shall be a citizen of the appointing jurisdiction at the time of his or her appointment and for the duration of his or her entire term as a member of such commission and who may be a member of the governing authority of the appointing jurisdiction; provided, however, that should either or both of the aforesaid governing authorities fail to make their respective appointments within 30 days of the effective date of this Act, an appointment or appointments in lieu thereof shall be jointly made by the governing authorities of the City of Griffin and the County of Spalding prior to the organizational meeting of the charter and unification commission. (f) None of the members of said charter and unification commission, who is not a member of the governing authority of the County of Spalding, the

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City of Griffin, the City of Orchard Hill, or the City of Sunnyside, shall hold an elective or appointive office. (g) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Spalding County for a period of at least two years prior to his or her appointment. (h) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority or authorities that appointed that member shall appoint a successor promptly to fill such vacancy. (i) A certificate of appointment shall be issued by the appointing authority of each member of the charter and unification commission and filed in the office of the Probate Court of Spalding County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission. (j) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (k) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. The city manager of the City of Griffin and the county manager of the County of Spalding shall serve as special advisers to the commission but they shall have no votes. (l) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Spalding, extending to members

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of such governing authority of the County of Spalding, and what is commonly referred to as public official's liability insurance coverage, to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Spalding. Any and all additional premium amounts payable by the County of Spalding due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by the County of Spalding and one-half by the City of Griffin, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (m) The governing authority of the County of Spalding, the respective governing authorities of the City of Griffin, the City of Orchard Hill, and the City of Sunnyside, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted. SECTION 4 . (a) The charter and unification commission shall hold an organizational meeting not less than 30 days nor more than 45 days after the date this Act becomes effective. Any three or more members of the charter and unification commission, composed of at least one member appointed by the governing authority of the City of Griffin and one member appointed by the governing authority of the County of Spalding, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairperson to preside until a permanent chairperson is elected. The second order of business at the organizational meeting shall be the election of a permanent chairperson who shall be elected by the majority vote of all members of the charter and unification commission. (c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding and in drafting

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

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recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, said commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Griffin and the County of Spalding and shall also supersede and replace either, or both, of the existing governments of the Cities of Orchard Hill and Sunnyside if either or both such governments have not been excluded pursuant to the provisions of Section 8 of this Act, and may also supersede and replace any public authorities and special service districts located and operating within Spalding County. If the charter and unification commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient. SECTION 6 . (a) The charter so drafted shall be submitted to the qualified voters of Spalding County for approval or rejection of the referendum provided for in Section 11 of this Act. (b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below. Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory: (1) The charter shall provide for the abolishment of the existing governments of the City of Griffin and the County of Spalding and may provide for the abolishment of the existing governments of either, or both, of the Cities of Orchard Hill and Sunnyside not electing to be excluded from such consolidation, as provided for in this Act, and for the creation of a new single government which may have all powers formerly exercised by the City of Griffin, the County of Spalding, and either or both of the other two municipalities merged in such county-wide government and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide;

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(2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grants-in-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court, except for the Superior Court, the State Court, the Probate Court, and the Magistrate Court of Spalding County; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Spalding County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Spalding and any public authorities or special service districts located or operating within Spalding County. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority; (7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter may provide for the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by the county-wide government in accordance with the kind, character, type,

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and degree of services provided by the government within those taxing districts. The charter may provide that the rate and manner of taxation may vary in any one district from that in another or other districts and may provide that the powers, authority, duties, liabilities, and functions of the new governing authority may vary from district to district. The charter shall provide that any such taxing district established shall equitably reflect the services actually received and that the governing authority of the new county-wide government shall periodically revise districts as changes in conditions and in services rendered, in its judgment, may require; (9) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (10) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or other similar legislation; (11) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter; (12) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (13) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws ; (14) The charter shall provide for the repeal of conflicting laws; and (15) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the Cities of Griffin, Orchard Hill, and

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

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(e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not: (1) Alter or affect the status of the Griffin-Spalding County School System or the Griffin-Spalding County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Griffin-Spalding County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations; (2) Alter or affect the status of the Griffin-Spalding County Industrial Development Authority or any provisions by which such body is authorized or transfer any of its powers, duties, or obligations; (3) Impair or diminish any pension or retirement rights; (4) Abolish the office of sheriff, clerk of superior court, or tax commissioner; (5) Impair or diminish any homestead or other exemptions from taxation now or hereafter existing under the Constitution of the State of Georgia; or (6) Alter or affect the status of any municipality, other than the City of Griffin, which has elected to be excluded from such consolidation as provided in this Act, or any provision of the Constitution or laws of the State of Georgia by which such municipality is constituted, empowered, or preserved. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. SECTION 7 . (a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding regarding the work of the charter and unification commission. The first public hearing shall be held within 30 days of the issuance of the commission's final written report on the feasibility of establishing a single county-wide government within Spalding County, and a second public hearing shall be held within 15 days of the submission of any proposed charter for such consolidated government to the Spalding County Board of

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Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Spalding County twice during the week next preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commission's final written report, the governing authorities of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding shall each hold and conduct a public hearing to determine the sentiments of their citizens regarding the work of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and unification commission. Representatives of the charter and unification commission shall be invited to present the final report to said governing authorities. SECTION 8 . Each of the Cities of Orchard Hill and Sunnyside shall have the right and option of being excluded from the consolidation provided for in this Act. Such option may be exercised by the governing authority of such municipality unless the governing authority of such municipality waives its right to exercise such option and gives written notice thereof to the charter and unification commission. Notice of the election to exercise such option shall be given in writing by the governing authority of such municipality to the chairperson or the secretary of the charter and unification commission before the expiration of 12 months after the organizational meeting of the charter and unification commission; otherwise, such option shall be null and void and of no effect. Once such option has been timely exercised by the governing authority of a municipality, such municipality shall thereafter be excluded from the consolidation provided for in this Act and any member of the charter and unification commission appointed by an excluded municipality shall cease to function as a member of the charter and unification commission, unless the members of the governing authority of such municipality unanimously petition the charter and unification commission to be included and obtain the approval of such inclusion by at least a two-thirds' majority vote of all of the members of the charter and unification commission, thereby irrevocably readmitting such municipality for inclusion in such consolidation as provided for in this Act. However, upon the refusal or failure of either such municipality to give timely written notice as set out in this Act of its election to exercise such option, or upon timely notice being given of the waiver of its right to exercise such option, as set out in this Act, such municipality shall thereafter be irrevocably included in the consolidation provided for in this Act.

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SECTION 9 . (a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than August 31, 1996; provided, however, the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Griffin and by a similar resolution being duly adopted by the governing authority of the County of Spalding and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks of the governing authorities of the Cities of Griffin, Orchard Hill, and Sunnyside and the County of Spalding and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Spalding County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and unification commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval.

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SECTION 10 . (a) A certified copy of the proposed charter shall be submitted by the commission to the Spalding County Board of Elections, and it shall be the duty of such board to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 11 of this Act. (b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia. SECTION 11 . (a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the Spalding County Board of Elections to call a special election for approval or rejection of the proposed charter. The board of elections, as election superintendent, shall set the date of the election for the earliest date therefor permissible under general law falling on or after the date of the general election to be held in November, 1996. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Spalding County. The ballot shall have written or printed thereon the following: () YES () NO Shall the charter reorganizing and consolidating the governments of the City of Griffin, the City of Orchard Hill, the City of Sunnyside, and the County of Spalding and creating a single county-wide government to supersede and replace those governments be approved? The language appearing on the ballot shall be modified accordingly if either the City of Sunnyside or the City of Orchard Hill, or both, elect to be excluded from such consolidation as provided in this Act. (b) All persons desiring to vote for approval of the charter shall vote Yes, and those persons desiring to vote for rejection of the charter shall vote No. The votes cast on such question by the qualified voters of Spalding County residing within the corporate limits of the City of Griffin and the votes cast on such question by the qualified voters of Spalding County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Spalding County residing within the corporate limits of the City of Griffin are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Spalding County are for approval of the charter, then the charter shall become effective. Otherwise, it

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shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Griffin and the County of Spalding. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Spalding County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of each of the governing authorities of the Cities of Griffin, Orchard Hill, and Sunnyside, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Spalding, who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Griffin and the County of Spalding and any other municipality or municipalities in Spalding County not electing to be excluded from such consolidation as provided in this Act has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Griffin and of each municipality not electing to be excluded from such consolidation as provided in this Act and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Spalding shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. SECTION 12 . In the event the proposed single county-wide government charter is approved by voters as provided in Section 11 of this Act, an election shall be held in accordance with the provisions of the charter to elect the members of the governing authority of the county-wide government. Upon

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the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Griffin and the County of Spalding and of each municipality not electing to be excluded from such consolidation as provided in this Act shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government. SECTION 13 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1995 Session of the General Assembly of Georgia a Bill to create and establish the Grifin-Spalding County Unification Commission; to provide for its membership, powers, duties and operation; to provide an effective date; to repeal conflicting laws and for other purposes. This 3rd day of February, 1995 /s/ Richard Crowdis Secretary Board of Commissioners City of Griffin, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur B. Edge, IV, who, on oath, deposes and says that he is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of Spalding County, on the following date: February 17, 1995. /s/ Arthur B. Edge, IV, Senator, 28th District Sworn to and subscribed before me, this 23rd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 11, 1995.

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HENRY COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 351 (House Bill No. 303). AN ACT To increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes; 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) Henry County ad valorem taxes means all ad valorem taxes for county purposes levied by Henry County, except for Henry County School District ad valorem taxes and except for ad valorem taxes to pay interest on and retire bonded indebtedness. SECTION 2 . (a) Each resident of Henry County is granted an exemption on that person's homestead from Henry County ad valorem taxes levied for county purposes in the amount as specified for the following tax years: Amount of exemption of Tax year beginning assessed value of homestead date for exemption $ 6,000.00 January 1, 1997 8,000.00 January 1, 1998 10,000.00 January 1, 1999 11,000.00 January 1, 2000 12,000.00 January 1, 2001 13,000.00 January 1, 2002 14,000.00 January 1, 2003 15,000.00 January 1, 2004, and for all tax years thereafter (b) The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation.

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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 $4,000.00 exemption from ad valorem taxes for county purposes levied by Henry County and provided pursuant to an amendment to the Constitution changing the homestead exemption for residents of Henry County, ratified at the 1982 November general election (Ga. L. 1982, p. 2515) and continued pursuant to Code Section 48-5-55 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 for any year thereafter and such exemption shall continue to be allowed to such person. It shall be the duty of any resident of Henry County who has claimed the homestead exemption provided for in this Act to notify the tax commissioner of Henry 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 Henry County ad valorem taxes for county purposes. SECTION 6 . The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, county taxes for county school district purposes, or taxes to pay interest on or retire bonded indebtedness. SECTION 7 . The tax commissioner of Henry County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligiblity of an applicant for that exemption. SECTION 8 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 9 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act

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to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide general election conducted in November, 1996, and shall issue the call therefor as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county 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 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 Henry County. It shall be the election 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 1995 session of the General Assembly of Georgia a bill to increase the homestead exemption from ad valorem taxes levied by Henry County for county purposes; and for other purposes. This 9th day of January, 1995. Larry Smith Representative District 109
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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 109th 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 13, 1995. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 20th day of January, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 18, 1995. HEART OF GEORGIA REGIONAL AIRPORT AUTHORITY CREATION. No. 369 (House Bill No. 1002). AN ACT To create the Heart of Georgia Regional Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; 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 . Short title. This Act shall be known and may be cited as the Heart of Georgia Regional Airport Authority Act. SECTION 2 . Legislative findings. The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the Dodge County area. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Dodge County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the region and the entire state and to ensure the proper economic development of the region and the entire state. SECTION 3 . Heart of Georgia Regional Airport Authority. (a) There is created a body corporate and politic, to be known as the Heart of Georgia Regional Airport 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 bring and defend actions in all courts. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be residents of Dodge County. Two of the members shall be appointed by the governing authority of Dodge County for terms of office of four years each. Two of the members shall be appointed by the governing authority of the City of Eastman for terms of office of four years each. The fifth member shall be appointed in odd-numbered years by the governing authority of the City of Eastman for a two-year term of office and in even-numbered years by the governing authority of Dodge County for a two-year term of office. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified. Any member of the authority may be selected and appointed to succeed himself or herself. After such appointment, 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 term of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The members of the authority shall be reimbursed for all actual expenses

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incurred in the performance of their duties out of funds of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. (c) To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and have been a resident of Dodge County for at least one year prior to the date of such person's appointment and shall not have been convicted of a felony. (d) The members of the authority shall in April of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution. (e) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; or who fails to attend any regular or special meeting of the authority for a period of three months without an excuse approved by a resolution of the authority. (g) All meetings of the authority, regular or special, shall be open to the public. Notice of all meetings of the authority shall be provided to the director of the Heart of Georgia Technical School who shall also be invited to attend such meetings and advise the authority. The authority may hold public hearings on its own initiative or at the request of residents of Dodge County or residents of any area affected by the actions of the authority. (h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority. SECTION 4 . Definitions. (a) As used in this Act, the term: (1) Airport means any area of land or structure which is or has been used or which the authority may plan to use for the landing and

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taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure which are or have been used or which the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by the City of Eastman and Dodge County for the establishment of a county and municipal airport, and any land to be deeded to the City of Eastman or Dodge County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) Authority means the Heart of Georgia Regional Airport Authority created by this Act. (3) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing authorized in this Act; the cost of the acquisition or construction of any project; the cost of placing any project in operation; and the cost of condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (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., the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.

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(b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 5 . Powers. The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes and to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county and municipality agree to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county and municipality immediately prior to such acquisition. (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 be 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

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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 to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, erected, or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. 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 this state, and between the authority and public bodies, including counties and cities outside this state; (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 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;

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(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 6 . 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 is authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided in 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 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 7 . Revenue bonds; form, denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereon, which may be at any bank or trust company inside or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. SECTION 8 . Revenue bonds; 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

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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 officer until such delivery. All such bonds shall be signed by the chairperson 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 chairperson and the secretary of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such person may not have been so authorized or shall not have held such office. SECTION 9 . Revenue bonds; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. Such bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state. SECTION 10 . Revenue bonds; 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 11 . Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of any definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. SECTION 12 . Revenue bonds; 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 13 . Revenue bonds; 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,

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conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members. SECTION 14 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Eastman or Dodge County nor a pledge of the faith and credit of said city or county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city or 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 15 . 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 protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the

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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 . To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 17 . Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest and other investment charges; (4) Any premium upon bonds retired by call or purchase as provided in this Act; 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

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of the revenue bonds or in the trust indenture but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. SECTION 18 . 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 this state 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 19 . Refunding bonds. The authority is authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 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., known as the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be

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validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, and the security for the payment thereof and interest thereon and against the authority issuing the same and the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the Heart of Georgia Regional Airport Authority. SECTION 21 . 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 Dodge 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 22 . Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. No other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. SECTION 23 . 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.

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SECTION 24 . Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating an airport and the usual facilities related thereto, and improving of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertaking. SECTION 25 . Rates, charges, and revenues; use. The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect fees, tolls, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any project 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 or acquired under the provisions of this Act. SECTION 27 . Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Dodge 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 Dodge County as when in the performance of their public duties or work of the county.

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SECTION 28 . Tax exemption. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the projects erected by it or any rates, fees, tolls, or other charges for the use of such projects or other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state. The exemption from taxation provided for in this section shall not extend to tenants or lessees of the authority and shall not include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. SECTION 29 . 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 30 . Effect on other governments. This Act shall not and does not in any way take from Dodge County or any municipality located therein or any adjoining county the authority to own, operate, and maintain projects 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 31 . 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.

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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 1995 session of the General Assembly of Georgia a bill to create the Heart of Georgia Regional Airport Authority in Dodge County, Georgia; and for other purposes. This 27th day of February, 1995. REP. TERRY COLEMAN 142ND DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman, who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight, which is the official organ of Dodge County, on the following date: March 2, 1995. /s/ Terry Coleman Representative, 142nd District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 18, 1995. CITY OF TYBEE ISLAND NEW CHARTER; REFERENDUM. No. 436 (Senate Bill No. 458). AN ACT To provide for a new charter for the City of Tybee Island; to provide for the reincorporation of the city; to provide for corporate boundaries; to provide

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for powers and duties of the city and the governing authority thereof; to provide for construction; to provide for exercise of powers; to provide for a city council and the members thereof; to provide for the election, terms, qualifications, vacancies, compensation, and expenses of the mayor and councilmembers; to prohibit certain conduct; to provide for inquiries and investigations; to provide for eminent domain; to provide for meetings and rules of procedures; to provide for quorums, voting, the form of ordinances, and actions requiring ordinances; to provide for emergencies; to provide for codes of technical regulations; to provide for a city manager and an acting city manager and the appointment, qualifications, compensation, removal, powers, and duties thereof; to provide for the powers and duties of the mayor; to provide for the mayor pro tem; to provide for administrative affairs of the city; to provide for departments, offices, positions, agencies, boards, commissions, and authorities of the city; to provide for personnel; to provide for a city attorney and the assistant city attorney and the powers, duties, and appointment; to provide for the city clerk or clerk of council; to provide for personnel, administration, position classifications, and pay plans; to provide for personnel policies; to provide for the municipal court and the judges, jurisdiction, powers, duties, and convening thereof; to provide for certiorari; to provide for rules of court; to provide for elections and removal of officials of the city; to provide for practices and procedures in connection with elections; to provide for matters relating to the finance and fiscal affairs of the city and the imposition, collection, and expenditure of taxes, licenses, and fees; to provide for granting of franchises; to provide for service charges and special assessments; to provide for bonds, short-term loans, and lease-purchase contracts; to provide for a fiscal year; to provide for a budget and the submission and adoption thereof; to provide for amendments or changes in appropriations of budgets; to provide for audits; to provide for contracts and contracting procedures and requirements; to provide for purchasing; to provide for the sale, lease, or other disposition of property; to provide for bonds; to provide for prior ordinances; to provide for existing personnel and officers; to provide for pending matters; to provide for construction; to provide for severability; to provide for effective dates; to provide for a referendum; to repeal an Act incorporating the City of Tybee Island in the County of Chatham, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended; 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 reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and

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corporate under the name and style City of Tybee Island, 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 clerk of council and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Tybee Island, Georgia. Photographic, typed, or other copies of such maps or descriptions certified by the clerk of council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12 . Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention 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 city is authorized: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted pursuant to this paragraph; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of

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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; (3) 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; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) 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; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within 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; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (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 fee. To levy, fix, assess, and collect a garbage, refuse, trash collection and disposal, and other sanitary service charge, tax, or

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fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;

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(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, 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 to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and 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; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises, make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and

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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 or pension 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, 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 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

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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; (41) Lifeguards. To enact appropriate ordinances to require hotels, motels, bathhouse proprietors, rooming houses, and other like or similar commercial establishments within the city which cater to the public to furnish lifeguards for the bathing beaches or swimming pools, or both, so as to provide safety and protection to bathers; (42) Beach protection. To provide for the maintenance and repair of the seawall and groins, as well as the prevention and control of beach and sand dune erosion through the utilization of either city, county, state, or federal funds; and the council shall continue to have the authority to deed, transfer, and quitclaim by resolution all of the right, title, and interest of the city in and to that portion of the beach formerly known as the strand which abuts the property of such property owner eastwardly to within 18 feet of the seawall, provided that the city and the said property owner shall not utilize the 18 foot area abutting on the seawall and the land so deeded except for the purposes of repair, maintenance, prevention, and control of the seawall, groins, beaches, and sand dunes; (43) 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 or desirable 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

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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; and (44) Property rights. To grant easements and rights-of-way, sell, transfer, lease, and otherwise dispose of property rights over public streets, lanes, alleys, sidewalks, and other properties of the city on such terms and conditions and for such lengths of time as the council of the city may deem proper, provided that such transfers may not be granted without the written consent of the owners on either side of the streets, lanes, alleys, and sidewalks; provided, further, that such transfers may not be granted without clear and adequate compensation being paid to the city for the transfer and further provided such transfers may only be made in areas of the city zoned C-1. 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 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 . Council Creation; Numbers; 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 city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. SECTION 2.11 . 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 mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of the mayor and members of the council and each shall continue to reside

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therein during that period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12 . Vacancies; Filling of Vacancies. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (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, by appointment as provided in Section 5.18 of 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 Financially Interested. (a) Elected and appointed officials of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any council member shall not hold any other city office or city employment during the term for which that person was elected. (c) 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 that person is financially interested. SECTION 2.15 . Inquiries and Investigations. Following the adoption of an authorizing resolution, 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.

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SECTION 2.16 . General Power and Authority of the Council. Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. 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 . Organizational Meetings. The city council shall hold an organizational meeting on the first business day in January following their election. The meeting shall be called to order by the clerk of council 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 the City of Tybee Island 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 shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special 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.

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(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 2.20 . Rules of Procedure. (a) The city 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 of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor and council. The mayor shall have the power to appoint new members to any committee at any time with the approval of the council. 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 a majority of councilmembers present, provided a quorum exists, shall be required for the adoption of any ordinance, resolution, or motion or for any action by council. An abstention shall be counted as an affirmative vote. The mayor may not vote on any matter before the council for determination except, in the event of a tie vote of council, the mayor will be required to vote on the matter then under consideration in order to break the tie vote of the council, and in such event of a tie, the mayor may not abstain or refrain from voting unless legally disqualified. 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 It is hereby ordained by the governing authority of the City of Tybee Island 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

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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. (a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at a 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. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 51-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. 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

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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 inspection by the public. SECTION 2.26 . Signing, Authenticating; Recording; Codification; Printing. (a) The clerk shall authenticate by the clerk's 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 Tybee Island, 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 . Manager; Appointment; Qualifications; Compensation. The city council shall appoint a city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications.

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SECTION 2.28 . Removal of Manager. The city manager is employed at will and may be summarily removed from office at any time by the city council. SECTION 2.29 . Acting Manager. By letter filed with the clerk of council, the manager shall designate, subject to approval by the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease. SECTION 2.30 . Powers and Duties of the Manager. The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief executive and administrative officer, the manager shall: (1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) 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) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council;

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(6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision; (8) 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 manager deems desirable; and (9) 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 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 manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.32 . 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; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. SECTION 2.33 . Selection and Powers and Duties of Mayor Pro Tem. At the first regular meeting of the city council following the regular election of a mayor and council, the council shall select one of its members as mayor pro tem. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem, or in the mayor pro tem's absence or disability for any reason, anyone of the councilmembers chosen

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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 a majority vote of all councilmembers. The mayor pro tem or selected council member shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. 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, alter, consolidate, or leave vacant 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 city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointive officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance. 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

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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 in this section 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 that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of a simple majority of the city council unless otherwise provided by law. (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 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 . 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 providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.

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SECTION 3.13 . Clerk/Clerk of Council. 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 and city records, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The terms city clerk and clerk of council shall be synonymous. SECTION 3.14 . 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 3.15 . Personnel Policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. 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 Tybee Island. 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 standby 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 that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.

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(c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, or his or her designee, that the judge will honestly and faithfully discharge the duties of the office to the best of that person'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. 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 violators of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 dollars or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance 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 that person's 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 issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on a rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge

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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. 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 Chatham 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 municipal 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 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, as now or hereafter amended.

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SECTION 5.11 . Regular Elections; Time for Holding. In odd-numbered years, on the Tuesday next following the first Monday in November, and biennially thereafter, a regular election shall be held in the City of Tybee Island at the city hall or at such other place or places as the city council may designate for the election of a mayor and six councilmembers, who shall have the qualifications specified in this charter to hold such office. An incumbent mayor or incumbent councilmember who shall qualify as a candidate and meet the qualifications to hold such office may be a candidate to succeed himself or herself for such office or for office as a member of the city council. SECTION 5.12 . Continuation In Office of Mayor and Councilmembers; Commencing Terms. The mayor and six councilmembers who are serving in these offices of the city at the time of the approval of this charter shall continue to serve in their respective offices for and during the full terms for which they were elected and until their successors are elected and qualified. Following each biennial election, the successors to the then existing mayor and six councilmembers elected shall serve for terms of office of two years and until their successors are elected and qualified and shall take office on the first day of January following their elections. SECTION 5.13 . Nonpartisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations and no political party shall conduct primaries for the purpose of nominating candidates for such municipal elections. SECTION 5.14 . Election of Mayor By Plurality. The person receiving a plurality of the votes cast for the office of mayor shall be elected. SECTION 5.15 . Run-off Election. In the event of a tie vote in any election between two or more candidates for any office, whether mayor or councilmember, a new election between only the candidates thus tied in number of votes for the particular office shall be ordered held by the council in accordance with the provisions of

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Code Section 21-3-40 of the Official Code of Georgia Annotated and the person who shall receive the highest number of votes cast in the second or run-off election for each office shall be declared to have been duly elected to the office. SECTION 5.16 . Times of Qualifying of Candidates. Qualification of candidates for municipal office shall begin no later than the forty-fifth day before the general election and shall close no later than the thirtieth day before the general election, and shall begin no later than the thirtieth day before a special election and shall close no later than the tenth day before such special election. The times of beginning and ending qualification of candidates shall be consistent with the normal operating hours of the city hall. SECTION 5.17 . Nondesignation of Specific Office By Candidate; Highest Vote Elects. A candidate seeking one of two or more public offices each having the same title and to be filled at the same election by the vote of the same electors shall not designate the specific office he or she is seeking. The six candidates for city council receiving the highest number of lawful votes cast shall be elected as the six councilmembers of the City of Tybee Island. SECTION 5.18 . Filling Vacancy in Office of Mayor or Councilmembers. Should, during the term of office to which elected, the mayor or any councilmember die, resign, remove or change residence beyond the city limits of the municipality, or otherwise fail to meet all of the qualifications prescribed in this charter for the particular office held at the time, the office of such person shall thereby become, and thereupon be declared, vacant; and in case of vacancy in the office of mayor or of any councilmember from any cause whatsoever other than expiration of the term of office, the mayor and remaining members of the council, or the remaining members of the council, as the case may be, shall elect within 30 days after the vacancy occurs a qualified person to fill the vacant office; provided, however, the person so elected to fill the vacancy shall be possessed of each and every of the qualifications required and prescribed by this charter for a candidate seeking election to the office to be filled; provided, further, such person so elected to fill a vacancy shall serve only for the remainder of the unexpired term of the vacant office which he or she is elected to fill. SECTION 5.19 . 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

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fulfill any options and duties under Chapter 3 of Title 21 of the Official Code of Georgia Annotated, the Georgia Municipal Election Code. SECTION 5.20 . 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 causes provided in Title 45 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished in one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by 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. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Chatham 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 Chatham County following a hearing on a complaint seeking such removal brought by any resident of the City of Tybee Island. 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

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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 . Property Tax; Special. The city council shall have the power to levy, impose, and collect in addition to the mills otherwise provided by law, a special tax on the total value of the assessment of all real and personal property within the city for purposes of construction, maintenance, and repair of the following: (1) Seawalls and groins; (2) Beach erosion; (3) Street paving; (4) Collection and disposal of garbage; and (5) Sewage and pollution. Such special tax shall not be imposed for longer than one fiscal year at a time, but may be renewed annually if so required, and shall not exceed a collective total of a maximum of ten mills whether imposed for one, for more than one, or for all five of the specific purposes stated. In all cases where it shall be necessary to levy a special additional tax for any one or more of the purposes stated in this section, the levy and assessment of the same for each such purpose shall be separately made and collected and all amounts so collected shall be applied exclusively to said maintenance and expense for which the said tax is levied and collected. SECTION 6.13 . Taxes and Licenses for Use of Streets. The city council shall have full power and authority and is empowered to assess and levy taxes and licenses for the use of the streets, lanes, and sidewalks of the City of Tybee Island for business purposes; and no person, firm, or corporation shall have the right to use the streets of the City of Tybee Island for business purposes without first having obtained the consent and license of the city council of the City of Tybee Island. SECTION 6.14 . Parking, Street, and Beach Use Fee. (a) The city council may provide by ordinance for the imposition and collection of a parking, street, and beach use fee upon motor vehicles entering the City of Tybee Island. Such ordinance shall not apply to motor vehicles owned by residents of the city or to motor vehicles owned by persons who own property within the city. The city council may classify

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persons, firms, or corporations for the purpose of the ordinance authorized by this section and may provide for such other exceptions to the application of such ordinance as may be reasonable or necessary. (b) The city council may prescribe penalties and punishment for the violation of any ordinance adopted by the city council pursuant to the authority of this section. SECTION 6.15 . 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. The city council may classify businesses, occupations, or professions for purposes of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.21 of this charter. SECTION 6.16 . Regulatory Fees; Permits. The city council, by ordinance, shall have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and if unpaid, shall be collected as provided in Section 6.21 of this charter. SECTION 6.17 . Franchises. (a) The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications 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 the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other

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telecommunications companies, gas companies, transportation companies, and other similar organizations. SECTION 6.18 . 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 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 6.21 of this charter. SECTION 6.19 . 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 6.21 of this charter. SECTION 6.20 . Construction; Other Taxes and Fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs. SECTION 6.21 . 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 6.20 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. 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 permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.22 . 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

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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 6.23 . 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 6.24 . 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 6.25 . Lease-Purchase Contracts. The city may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. SECTION 6.26 . Fiscal Year. The city council shall set the fiscal year by ordinance. The 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 6.27 . 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 plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.

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SECTION 6.28 . Submission of Operating Budget to 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 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 other pertinent comments and information. The operating budget and the capital 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 6.29 . Action by Council on Budget. (a) The city council may amend the operating budget proposed by the city manager; except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.27 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 6.30 . Tax Levies. 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

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estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city. SECTION 6.31 . Changes in Appropriations. The city council may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.32 . Capital 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 city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements plan with a recommended capital budget containing 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 plan and proposed budget. 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 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 budget for the ensuing fiscal year not later than the thirty-first day of December of each year. No appropriation provided for in a prior capital 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 budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.33 . 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 auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this

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charter. Copies of annual audit reports shall be available at printing costs to the public. SECTION 6.34 . 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. SECTION 6.35 . Sale and Lease of Property. (a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to seel and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10 . Bonds for Officials. The officers and employees of the city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms

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and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11 . Prior Ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12 . Existing Personnel and Officers. Except as 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 appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13 . Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14 . Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15 . Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect 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,

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subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.16 . Referendum. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Tybee Island 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 Tybee Island for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1995, municipal general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a new charter for the City of Tybee Island and which, among other things, provides for the appointment of a city manager and the adoption of a city manager form of government? 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 1.10 through 7.15 and Sections 7.18 and 7.19 shall become of full force and effect on January 1, 1996. 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 Tybee Island. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7.17 . Effective Dates. This section and Section 7.16 of this Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without such approval for the purpose of conducting the referendum provided for in Section 7.16. The remaining provisions of this Act shall become effective as provided in Section 7.16.

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SECTION 7.18 . Specific Repealer. An Act incorporating the City of Tybee Island in the County of Chatham, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, is repealed in its entirety. SECTION 7.19 . Repealer. All other laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce LOCAL LEGISLATION Notice is given that legislation will be introduced during the 1995 session of the General Assembly of the State of Georgia, legislation to amend the Charter of The City of Tybee Island so as to expand the corporate limits of the City. Notice is also hereby given that legislation will be introduced to amend the Charter of the City to provide for a new City Charter which would provide for a City Manager and set forth the duties and responsibilities of the City Manager and further to provide for a referendum and for other purposes. This notice is hereby given this 24th day of February, 1995. Edward M. Hughes Attorney for the City of Tybee Island, Ga. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eric Johnson, 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/Savannah Evening Press, which is the official organ of Chatham County, on the following date: February 24, 1995. /s/ Eric Johnson Senator, 1st District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 20, 1995.

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CITY OF TYBEE ISLAND CORPORATE LIMITS. No. 478 (Senate Bill No. 477). AN ACT To amend an Act incorporating the City of Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, so as to change the 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 Tybee Island, approved February 20, 1970 (Ga. L. 1970, p. 2080), as amended, is amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. The corporate limits of the City of Tybee Island shall include the entire island of Tybee, as shown by a map of Chatham County, Georgia, dated 1906, adopted by the Commissioners of Chatham County, Georgia, April 11, 1907, except the area known as the Lighthouse Reservation and except the area known as the Coast Guard Reservation, as these two excepted areas are more particularly described in a certain Deed from the United States Government to the Town of Savannah Beach, Tybee Island, which excepted areas are reserved as properties of the United States Government in said Deed, and except also those areas known as Spanish Hammock, D.A.V. Island, Carusoe Island, and the area now known as Estill Hammock, all of which areas are presently excluded from the existing City limits. The boundaries of the City shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the Office of the Clerk and to be designated, as the case may be: `Official Map (or description) of the corporate limits of the City of Tybee Island, Georgia.' Photographic, typed, or other copies of such maps or descriptions certified by the Clerk of Council shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. The City Council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps, which it is designated to replace. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed.

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Notice of Intent to Introduce LOCAL LEGISLATION Notice is given that legislation will be introduced during the 1995 session of the General Assembly of the State of Georgia, legislation to amend the Charter of the City of Tybee Island so as to expand the corporate limits of the City. Notice is also hereby given that legislation will be introduced to amend the Charter of the City to provide for a new City Charter which would provide for a City Manager and set forth the duties and responsibilities of the City Manager and further to provide for a referendum and for other purposes. This notice is hereby given this 24th day of February, 1995 Edward M. Hughes Attorney for the City of Tybee Island, Ga. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eric Johnson, 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/Savannah Evening Press, which is the official organ of Chatham County, on the following date: February 24, 1995. /s/ Eric B. Johnson Senator, 1st District Sworn to and subscribed before me, this 7th day of March, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 21, 1995. FULTON COUNTY MOTOR VEHICLE RACETRACKS. No. 481 (Senate Bill No. 336). AN ACT To prohibit the operation of a motor vehicle racetrack within a two-mile radius of a preexisting residential neighborhood in Fulton County; to provide for legislative findings; to provide an exception; to repeal conflicting laws; and for other purposes.

Page 4498

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) It is declared to be the public policy of the General Assembly to protect and promote the health, safety, and general welfare of the people of this state. Although the General Assembly recognizes that the state and its citizens derive numerous economic and personal benefits from the motor vehicle racetrack business, there are, nonetheless, measurable damages and injuries to the environment and to the public health which may be directly attributable to by-products of motor vehicle racing, including, but not limited to, air pollution, noise, traffic congestion, litter, and other nuisances. Inasmuch as the Environmental Protection Agency has declared Fulton County to be an area already dangerously high in air pollutants, the General Assembly finds that this Act is necessary for the immediate preservation of the public peace, health, and safety. (b) On and after July 1, 1995, it shall be unlawful for any person, firm, or corporation to operate or conduct any motor vehicle race on any permanent racetrack or other place where such races are to be held which is located within a two-mile radius of a preexisting residential neighborhood in Fulton County. (c) This Act shall not apply to a permanent motor vehicle racetrack or other place where such races are to be held which is in existence and licensed for operation pursuant to general law requirements prior to July 1, 1995. 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 1995 session of the General Assembly of Georgia a bill to prohibit the siting of motor vehicle racetracks within a certain distance of existing residential neighborhoods in Fulton County; and for other purposes. This 1st day of February, 1995. SENATOR DONZELLA J. JAMES 35th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donzella James, who, on oath, deposes and says that she is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 4499

Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 3, 1995. /s/ Donzella J. James Senator, 35th District Sworn to and subscribed before me, this 9th day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 21, 1995. GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY CREATION. No. 498 (House Bill No. 914). AN ACT To create the Georgia International and Maritime Trade Center Authority and to authorize such authority to acquire, construct, equip, maintain, and operate projects or undertakings embracing buildings and facilities to be used for trade shows, for marketing import and export trade and other trade activities and conferences in connection therewith, and for conferences, amusement, or educational purposes, fairs, expositions, exhibitions, or marketing in connection therewith; to provide for definitions; to declare purposes and provide for the powers of the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to provide for the filling of vacancies; to provide grounds for the removal of members; to provide for the application of law relating to open and public meetings; to authorize the authority to contract with others pertaining to its undertakings, to execute leases or other contracts, to convey title to real property, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority to enter into leases or other contracts with the State of Georgia or any of its authorities, departments, or agencies; to authorize the authority and other political subdivisions of the state, including specifically Chatham County and the mayor and aldermen of the City of Savannah, to enter into leases or other contracts pertaining to uses of such projects or undertakings; to make the property of the authority exempt from taxation and assessment; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to provide for construction; to provide for conveyance of property upon dissolution; to provide for other matters relative to the foregoing; to provide for

Page 4500

severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Short title. This Act shall be known and may be cited as the Georgia International and Maritime Trade Center Authority Act. SECTION 2 . Declaration of purpose. It is declared that there exists in the City of Savannah and Chatham County, the coastal area of the state, and the state, a need for a public authority to operate the Georgia International and Maritime Trade Center project for the purpose of developing and promoting for the public good, the growth of the state's import and export markets through its ports and other transportation modes and to facilitate economic growth, public welfare, education, and recreation for the people of the state, and without limiting the powers granted to the authority by this Act, the creation of the authority shall be and is declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of economic growth, import and export, public welfare, education, and recreation, and in an effort to better the general condition of the people of the City of Savannah, Chatham County, the coastal area of Georgia, and the state. SECTION 3 . Creation of the authority; members. (a) There is created a body corporate and politic to be known as the Georgia International and Maritime Trade Center 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. 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. The authority shall have its principal office in Chatham County, and its legal situs or residence for the purposes of this Act shall be Chatham 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 the following membership: one member appointed by each member of the Georgia General Assembly representing

Page 4501

a portion of Chatham County; one member appointed by the majority vote of the Board of Commissioners of Chatham County; one member appointed by the majority vote of the mayor and aldermen of the City of Savannah; and the President of the Savannah Area Convention and Visitors' Bureau, who shall serve ex officio and shall have a vote. Except for the ex officio member, for the initial term, four members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years. Selection of term length shall be by lot. After expiration of the initial term, the terms of all members except the ex officio member shall be for three years, except that the appointment of any person selected to fill an unexpired term shall be only for the remainder of such term. (c) Vacancies on the authority by reason of expiration of term or otherwise shall be filled by the body or individual that appointed the member vacating the position. (d) Initial terms of office of the members of the authority shall commence on May 1, 1995, and all appointments of members shall be completed by that date. The members of the authority shall organize and enter upon the performance of their duties on May 1, 1995. The authority shall have perpetual existence. (e) The authority shall elect one of its 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 authority. (f) Six members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. (g) A member other than an ex officio member shall be removed from office for failure to perform the appropriate duties of membership. Without limitation, this shall include a member's failure to attend more than three regularly scheduled meetings of the authority during any calendar year. (h) The members shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the performance of their duties. Each member of the authority shall hold office until his or her successor shall have been appointed and qualified. The authority may make bylaws, rules, and regulations for its governance. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and all

Page 4502

expenditures of every kind and shall provide for an annual independent audit of income and expenditures. (i) The authority shall be subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings. (j) The authority shall prepare and submit to the Board of Commissioners of Chatham County, the mayor and aldermen of the City of Savannah, and the Chatham County delegation of the Georgia General Assembly 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 each such body a copy of its most recent annual independent audit of income and expenditure. SECTION 4 . Definitions. As used in this Act, the term: (1) Authority means the Georgia International and Maritime Trade Center Authority created in Section 3 of this Act. (2) Project or undertaking shall be deemed to mean and include buildings and facilities to be used for trade shows, conferences, amusements, or educational purposes and for fairs, expositions, exhibitions, or marketing in connection therewith, together with all other undertakings which may be acquired, constructed, equipped, maintained, or operated by public authorities. SECTION 5 . Powers. The authority is authorized: (1) To have a seal and alter the seal at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, 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; and, 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

Page 4503

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 Board of Commissioners of Chatham County, the mayor and aldermen of the City of Savannah, 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 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 municipality of the reasonable value of such lands, such value to be determined by the 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 chairperson of the authority; (4) 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; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and constructions of projects and leases of projects or contracts with respect to the use and management of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, managing, and leasing of its projects for use of the State of Georgia or any of its departments, agencies, or authorities, the Board of Commissioners of Chatham County, or the mayor and aldermen of the City of Savannah, 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 and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, political subdivisions, the State of Georgia, or the United States government, or any agency or department thereof;

Page 4504

(6) To acquire, construct, erect, 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 funds of the authority or funds from Chatham County or the City of Savannah and any grant from the State of Georgia, its departments, agencies, or authorities, or the United States or any agency or instrumentality thereof; (7) To accept grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To accept grants of money or materials or property of any kind from the State of Georgia or any department, agency, authority, or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such department, agency, authority, or instrumentality or political subdivision thereof may impose; (9) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity; (10) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state; (11) 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 advise the State of Georgia, its departments, agencies, or authorities, Chatham County, and the mayor and aldermen of the City of Savannah on land acquisition, facilities development, and other matters relating to the provision of convention and trade opportunities for the coastal region of the state; (13) To procure insurance against any loss in connection with property and other assets of the authority; (14) 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;

Page 4505

(15) To make contracts and to execute all instruments necessary or convenient in connection therewith; (16) 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; (17) 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; and (18) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 6 . Exemption from taxation. 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 7 . Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process. SECTION 8 . 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 the Eastern Judicial Circuit, Chatham County, Georgia. SECTION 9 . Trust funds. All funds received pursuant to the authority of this Act, whether as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other

Page 4506

contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act. SECTION 10 . Construction. This Act and any other law enacted with reference to the Georgia International and Maritime Trade Center Authority shall be liberally construed for the accomplishment of its purposes. SECTION 11 . Conveyance of property upon dissolution. Should the authority for any reason be dissolved, 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 Mayor and Aldermen of the City of Savannah and to Chatham County; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. SECTION 12 . Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provisions of this Act independently of any other provision of this Act. SECTION 13 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14 . Repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1995 session of the General Assembly of Georgia a bill to provide for the creation and operation of the Georgia International and Maritime Trade Center

Page 4507

Authority; to provide for matters relative to such authority; and for other purposes. This 2nd day of February, 1995. Representative Tom Bordeaux 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Bordeaux, 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 Savannah Morning News/Savannah Evening Press, which is the official organ of Chatham County, on the following date: February 7, 1995. /s/ Tom Bordeaux Representative, 151st District Sworn to and subscribed before me, this 28th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 21, 1995.

Page 4509

ACTIONS BY COUNTY GOVERNING AUTHORITIES PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING HOME RULE FOR COUNTIES

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CLAYTON COUNTY CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM; BENEFITS; MEMBERSHIP; FUNDS. ORDINANCE NO. 94 - 13 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 ARTICLE III, CHAPTER 1-5 OF THE CLAYTON COUNTY CODE OF ORDINANCES CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM SO AS TO PROVIDE FOR THE INCREASE IN PENSION BENEFITS TO ELIGIBLE RETIREES (OR THEIR QUALIFYING SPOUSES) WHO HAVE RETIRED ON OR BEFORE JANUARY 1, 1992; TO PROVIDE FOR THE ACCEPTANCE INTO THE COUNTY'S PENSION PLAN THOSE PERSONS FORMERLY EMPLOYED WITH THE CITY OF FOREST PARK WATER AND SEWER DEPARTMENT WHO WERE EMPLOYEES OF THE CLAYTON COUNTY WATER AUTHORITY ON JANUARY 1, 1994; TO ACCEPT FROM THE CITY OF FOREST PARK WATER AND SEWER DEPARTMENT SUCH AMOUNTS AS DETERMINED BY THE COUNTY'S ACTUARY THAT WILL ADEQUATELY COMPENSATE THE PENSION PLAN FOR THE ADMISSION OF THE FORMER CITY OF FOREST PARK WATER AND SEWER DEPARTMENT EMPLOYEES INTO THE PENSION PLAN; TO PROVIDE SEVERABILITY; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTIONS; 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 . By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends Article III, Chapter 1-5 of the Clayton County Code of Ordinances Clayton County Public Employee Retirement System by adding a new section 1-5-45 to be entitled Increase in retirement benefits to read as follows: Sec. 1-5-45. Increase in retirement benefits . The pension benefits for the eligible retirees (or their qualifying spouses) who have retired under the Pension Plan on or before January 1, 1992 shall be increased effective January 1, 1994. The level of increase for each retiree shall be equal to One Percent (1%) for every full year completed from the date of retirement up to and including January 1, 1994. Section II . By the authority granted to Clayton County pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of

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Georgia of 1983, the Board of Commissioners hereby amends Article III, Chapter 1-5 of the Clayton County Code of Ordinances Clayton County Public Employee Retirement System by adding a new section 1-5-46 to be entitled Admission of employees of the City of Forest Park Water and Sewer Department into the Plan to read as follows: Sec. 1-5-46. Admission of employees of the City of Forest Park Water and Sewer Department . The former employees of the City of Forest Park Water and Sewer Department who were employees of the Clayton County Water Authority on January 1, 1994 shall be accepted into the County's Pension Plan. The credited years of service and level of compensation such employees have earned with the City of Forest Park Water and Sewer Department shall be used as a basis for determining accrued benefits under the County's Pension Plan. The City of Forest Park Water and Sewer Department shall tender and the Pension Plan shall accept such amounts as determined by the County's Actuary that will adequately compensate the Pension Plan for the admission of the former employees of the City of Forest Park Water and Sewer Department into the Pension Plan. Section III . In the event any section, paragraph, subpart, sentence, clause, phrase, or word of this Ordinance shall be declared or adjudged unconstitutional or invalid by any Court, such declaration or adjudication shall not affect the remaining portions of this Ordinance which shall remain in full force and effect as if the portions declared invalid or unconstitutional had never been enacted into law. Section IV . All laws, ordinances or resolutions, 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 after the second reading of said Ordinance, provided the same receives an affirmative vote of three or more members, and provided further that a copy of said Ordinance has been published as required by law and filed with the Secretary of State of Georgia. SO ORDAINED, this 1st day of February, 1994. CLAYTON COUNTY BOARD OF COMMISSIONERS C. CRANDLE BRAY, CHAIRMAN ROBBIE L. MOORE, JR., VICE-CHAIRMAN RONALD M. DODSON, COMMISSIONER TERRY J. STARR, COMMISSIONER

Page 4513

GERALD A. MATTHEWS, COMMISSIONER ATTEST: MARGARETTE A. SWAIM, CLERK ORDINANCE 94-13 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 18th day of January, 1994 with the following members present and voting in favor of same: Chairman C. Crandle Bray, Vice Chairman Robbie L. Moore, Jr., Commissioner Ronald M. Dodson, and Commissioner Terry J. Starr. Commissioner Gerald A. Matthews was not in attendance. 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 1st day of February, 1994 with the following members present and voting in favor of same: Chairman C. Crandle Bray, Vice Chairman Robbie L. Moore, Jr., Commissioner Ronald M. Dodson, and Commissioner Gerald A. Matthews. Commissioner Terry J. Starr was not in attendance. MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS Having been read during the regular meetings of the Board of Commissioners of Clayton County on January 18, 1994 and February 1, 1994, Ordinance 94-13 was adopted at the regular meeting of February 1, 1994. The following members were present on February 1, 1994 and voted in favor of Ordinance 94-13: Chairman C. Crandle Bray, Vice Chairman Robbie L. Moore, Jr., Commissioner Ronald M. Dodson, and Commissioner Gerald A. Matthews. Commissioner Terry J. Starr was not in attendance. MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS ATTEST: MARGARETTE A. SWAIM CLERK OF THE COMMISSION (SEAL)

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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 94-13 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS ON FEBRUARY 1, 1994. THE ORIGINAL OF ORDINANCE 94-13 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. MARGARETTE A. SWAIM CLERK OF THE COMMISSION FEBRUARY 3, 1994 State of Georgia County of Clayton Personally appeared before the undersigned, DONNA SANDERS , who after being first duly sworn states that he/she is the LEGAL CLERK of the Clayton News/Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon his/her own personal knowledge he/she knows that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: January 14, 21 and 28, 1994 DONNA SANDERS Sworn to and subscribed before me this 28th day of JANUARY _____, 19 94 Signed Ellen Daniels, Notary Public Clayton County, Georgia My Commission expires January 13 , 19 97 MISCELLANEOUS NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM. Notice is hereby given that an Ordinance amending the Code of Clayton County pertaining to the Clayton County Public Employee Retirement System will be duly considered for adoption by the Clayton County Board of Commissioners pursuant to its Home Rule powers on January 18, 1994 at 2:00 o'clock p.m. and February 1, 1994 at 7:00 o'clock p.m. in the Commissioners' Board Room, Administrative Building, Jonesboro, Georgia. The proposed Ordinance provides that the Board of Commissioners accept into the County's pension plan those persons formerly employed with the Forest Park Water Authority who are employees of the County Water Authority on January 1, 1994; that the Board of Commissioners accept from the Forest Park Water Authority such amounts as determined by the actuary that will adequately compensate the pension plan for the

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admission of the former Forest Park Water Authority employees into the pension plan; that the Board of Commissioners increase the pension benefits of certain eligible retirees (or their qualifying spouses) who have retired on or before January 1, 1992; that the level of increase for each retiree shall be equal to One Percent (1%) for every full year completed from the date of retirement up to and including January 1, 1992. The proposed Ordinance further provides for the repeal of conflicting laws and ordinances; severability; an effective date; and for other purposes. A copy of the proposed Ordinance may be examined and inspected and furnished upon written request in the Offices 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. Conner, Staff Attorney at 477-3207. January 14, 21 and 28, 1994 149 Filed in the Office of the Secretary of State February 8, 1994. COLUMBIA COUNTY BOARD OF COMMISSIONERS; CONTRACTS; FINANCIAL INTEREST. ORDINANCE ADOPTED PURSUANT TO ARTICLE 9, SECTION 2 PARAGRAPH 1(b)(1) OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983 AMENDING 1980 GEORGIA LAWS 3707 (BEING ACT NO. 1049 HOUSE BILL NO. 1730) SECTION 16 ALSO KNOWN AS SECTION 1-2-16 CODE OF ORDINANCES OF COLUMBIA COUNTY, GEORGIA SO AS TO MORE SPECIFICALLY DEFINE WHAT DOES OR DOES NOT CONSTITUTE A DIRECT OR INDIRECT FINANCIAL INTEREST This Ordinance adopted by the Board of Commissioners of Columbia County, Georgia. WHEREAS, 1980 Georgia Laws 3707 (being Act No. 1049, House Bill No. 1730) Section 16 also known as Section 1-2-16 Code of Ordinances of Columbia County, Georgia (hereinafter referred to as the Ordinance) prohibits Columbia County from entering into any contract with any firm, partnership, joint venture or corporation in which any member or members of the Board of Commissioners have a financial interest either directly or indirectly; and WHEREAS, the Board of Commissioners desire under the home rule provisions granted to Columbia County in Article 9, Section 2, Paragraph 1(b)(1) of the Constitution of the State of Georgia of 1983 to amend the Ordinance to more fully define what constitutes a direct or indirect financial interest and to make the terms of the Ordinance consistent with the definition of Interest as contained in the Code of Ethics, Chapter 2-5.1 of the Code of Ordinances of Columbia County, Georgia;

Page 4516

NOW, THEREFORE, the Board of Commissioners of Columbia County, Georgia does hereby approve and adopt and there is hereby adopted by authority of same this Ordinance amending 1980 Georgia Laws 3707 (being Act No. 1049, House Bill No. 1730) Section 16 also known as Section 1-2-16 Code of Ordinances of Columbia County, Georgia: Section 1. By adding thereto at the end of the existing Section the following: ...; provided, however, that no member of the Board of Commissioners shall be deemed to have a financial interest either directly or indirectly: 1. in any corporation, the stock of which is publicly traded and listed on a stock exchange or registry of shares traded over the counter if such member or any member of such member's immediate family owns in the aggregate less than 5% of the outstanding shares of such corporation; 2. in any firm, partnership, joint venture or corporation by which such member is employed, provided that such member is not a director, chief executive officer or chief operating officer thereof and provided further that the member will not receive any commission, bonus, increase in salary or other benefit as a result of the contract being entered into with Columbia County. The term `immediate family' as used herein shall have the meaning set forth in Section 2-5.1-1 of the Code of Ordinances of Columbia County. Any member of the Board of Commissioners who owns less than 5% of the stock of a publicly traded company, or who is an employee of any firm, partnership, joint venture or corporation, with which the Board of Commissioners is considering entering into a contract, shall disclose such fact to the other members of the Board, and shall not vote on the question of approving such contract or participate in any debate or discussion of the issue of approving such contract. All contracts heretofore entered into by Columbia County which would have been in violation of this Section, but which would no longer be in violation after the adoption of this amendment to this Section, are hereby ratified and confirmed by Columbia County. So that hereafter said Section shall read in full as follows: The Board of Commissioners of Columbia County is hereby prohibited from entering into any contract with any firm, partnership, joint venture, or corporation in which any member or members of said board have a financial interest, either directly or indirectly; provided, however, that no member of the Board of

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Commissioners shall be deemed to have a financial interest either directly or indirectly: 1. in any corporation, the stock of which is publicly traded and listed on a stock exchange or registry of shares traded over the counter if such member or any member of such member's immediate family owns in the aggregate less than 5% of the outstanding shares of such corporation; 2. in any firm, partnership, joint venture or corporation by which such member is employed, provided that such members is not a director, chief executive officer or chief operating officer thereof and provided further that the member will not receive any commission, bonus, increase in salary or other benefit as a result of the contract being entered into with Columbia County. The term `immediate family' as used herein shall have the meaning set forth in Section 2-5.1-1 of the Code of Ordinances of Columbia County. Any member of the Board of Commissioners who owns less than 5% of the stock of a publicly traded company, or who is an employee of any firm, partnership, joint venture or corporation, with which the Board of Commissioners is considering entering into a contract, shall disclose such fact to the other members of the Board, and shall not vote on the question of approving such contract or participate in any debate or discussion of the issue of approving such contract. All contracts heretofore entered into by Columbia County which would have been in violation of this Section, but which would no longer be in violation after the adoption of this amendment to this Section, are hereby ratified and confirmed by Columbia County. Section 2 . Any portion of any ordinance or resolution previously adopted by the Board of Commissioners of Columbia County which is in conflict with the provisions of this Ordinance are hereby repealed. Section 3 . This Ordinance shall become effective upon its adoption. Adopted December 21st , 1993. BOARD OF COMMISSIONERS OF COLUMBIA COUNTY By: Richard M. Reynolds Its Chairman Attest: Phebe J. Dent Its Clerk

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CLERK'S CERTIFICATE I, Phebe Dent, Clerk of the Board of Commissioners of Columbia County, Georgia, (the Board) DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of an Ordinance read on December 7, 1993 and also December 21, 1993 and adopted by the Board at a regular meeting of the Board duly held on December 21, 1993, in which a quorum was present and acting throughout, and that the original of said Resolution appears of record in the Minute Book of the Board, which is in my custody and control. Given under my hand and seal of the Board, this 21st day of March , 1994 Phebe J. Dent CLERK, BOARD OF COMMISSIONERS OF COLUMBIA COUNTY, GEORGIA [SEAL] AFFIDAVIT GEORGIA Columbia COUNTY TO WHOM IT MAY CONCERN: This is to certify that the legal notice attached hereto has been published in the: Columbia News-Times legal organ for Columbia County, the following dates, to wit: Nov. 24 Dec. 1 Dec. 8 Sworn to on the 19 day of January , 1994. Karl N. Hayward PUBLISHER Sworn to and subscribed to before me on the 19 day of January 1994. Becky D. Cockrell Notary Public Notary Public, Richmond County, Georgia My Commission Expires Nov. 23, 1997 NOTICE OF PROPOSED AMENDMENT TO LOCAL LAW AFFECTING COLUMBIA COUNTY KNOWN AS 1980 GEORGIA LAWS 3707 SECTION 16 ALSO KNOWN AS SECTION 1-2-16 CODE OF ORDINANCES OF COLUMBIA COUNTY, GEORGIA, TO MORE SPECIFICALLY DEFINE
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WHAT DOES OR DOES NOT CONSTITUTE A DIRECT OR INDIRECT FINANCIAL INTEREST Notice is hereby given that a proposed amendment to 1980 Georgia Laws 3707 (being Act No. 1049, House Bill No. 1730) Section 16, also known as Section 1-2-16, Code of Ordinances of Columbia County, Georgia is being considered by the Board of Commissioners of Columbia County, Georgia. The purpose of this amendment is to more specifically define what does or does not constitute a direct or indirect financial interest. As currently written, this law prohibits Columbia County from entering into a contract with any firm, partnership, joint venture or corporation in which a member of the Board of Commissioners has a direct or indirect financial interest. The proposed amendment would further define the term financial interest, permit Columbia County to enter into contracts with corporations, the stock of which is publicly traded or listed on a stock exchange or registry of shares traded over the counter, in which a member of the Board of Commissioners or the immediate family of such member owns an aggregate of less than 5% of the outstanding shares of such corporation. In addition, Columbia County could contract with an entity which is the employer of a member of the Board of Commissioners provided that such member is not a director, chief executive officer or chief operating officer of such entity and does not receive any commission, bonus, increase in salary or other benefit as a result of the contract. A copy of the proposed amendment is on file in the office of the Clerk of Superior Court of Columbia County, Georgia for the purpose of examination and inspection by the public. The Clerk of the Superior Court of Columbia County, Georgia shall furnish anyone, upon written request, a copy of the proposed amendment. This proposed amendment would be adopted pursuant to the provisions of Article 9, Section 2, Paragraph 1(b)(1) of the Constitution of the State of Georgia of 1983. BOARD OF COMMISSIONERS OF COLUMBIA COUNTY, GEORGIA By: s/Richard M. Reynolds Its Chairman Nov. 24, Dec. 1, 8, 1993-B Filed in the Office of the Secretary of State March 25, 1994. DEKALB COUNTY DEKALB COUNTY PENSION BOARD; BENEFITS; CONTRIBUTIONS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA UNDER THE HOME RULE PROVISIONS FOR

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COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR COMPUTATION OF BENEFITS AND CONTRIBUTIONS, AND FOR OTHER PURPOSES BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I. By deleting Section 8(a)(3) (codified as Section 908(a)(3)) of the Act in its entirety and substituting in lieu thereof the following: (3) Accrued benefit as of the date of determination shall mean the participant's monthly retirement benefit equal to two and one-quarter (2-1/4) percent of average compensation multiplied by the participant's years of service, not to exceed a maximum monthly benefit of seventy (70) percent of average compensation. II. By deleting Section 8(b)(1.B) (codified as Section 908(b)(1.B)) of the Act in its entirety and substituting in lieu thereof the following: (B) Normal retirement benefit . The monthly retirement benefit payable upon the normal retirement date shall be an amount equal to two and one-quarter (2-1/4) percent of the participant's average compensation multiplied by the participant's years of service, not to exceed a maximum benefit of seventy (70) percent of average compensation, such benefit to commence on the normal retirement date and be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty (120) payments to the participant or beneficiary of the participant. III. By deleting Section 10 (codified as Section 910) of the Act in its entirety and substituting in lieu thereof the following: Except as otherwise provided herein, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant of an amount equal to two and one-half (2-1/2) percent of the compensation of

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the participant. Contributions will continue to be deducted so long as the participant continues to be employed. IV. All laws or parts of laws in conflict with this ordinance are hereby repealed. V. Should any part, portion, or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. VI. This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public. VII. This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 8th day of March, 1994, and again on the 22nd day of March, 1994 at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VIII. A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public along with sufficient copies of same for distribution to those members of the public. IX. The provisions of this ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 22nd day of March , 1994. Jacqueline Scott Presiding Officer
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Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 5th day of April, 1994. Liane Levetan Chief Executive Officer DeKalb County, Georgia ATTEST: David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia APPROVED: Jonathan Weintraub DeKalb County Attorney STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on March 8, 1994 and on March 22, 1994. This 5th day of April, 1994. David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia Sworn to and subscribed before me this 5th day of April , 1994. Jean G. Silvey Notary Public, Gwinnett County, Georgia My Commission Expires Oct. 9, 1994 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, GERALD W. CRANE, publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of March 3, March 10, and March 17, 1994. GERALD W. CRANE Publisher, Decatur-DeKalb News
Page 4523

Sworn to and subscribed before me this 17th day of March, 1994. Samme Johnson Notary Public PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on March 8, 1994, and March 22, 1994, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, pg. 3088, as amended, so as to further amend said act to provide for computation of benefits and contributions, and for other purposes. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from the Clerk for interested members of the public. This 23rd day of February, 1994. Liane Levetan Chief Executive Officer DeKalb County, Georgia A34-33794, 3/3-3/17 Filed in the Office of the Secretary of State April 15, 1994. ATKINSON COUNTY BOARD OF COMMISSIONERS; TIE VOTES. RESOLUTION GEORGIA, ATKINSON COUNTY. WHEREAS, Art. 9, Sec. 2, Par. 1 of the Georgia Constitution provides that local acts may, as an incident of home rule power, be amended, and; WHEREAS, the local act concerning the Atkinson County Board of Commissioners does not make provision for tie votes in the event one Commissioner is disqualified to vote and this Resolution is not inconsistent

Page 4524

with the Georgia Constitution, any general or local laws applicable to the Atkinson County Board of Commissioners; THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: -1- The local act applicable to the Atkinson County Board of Commissioners is hereby amended by adding the following provision thereto: In the event a Commissioner is disqualified to vote on any matter and a tie vote results, the Sheriff of Atkinson County, Georgia, shall cast the tie breaking vote on the particular matter being considered. -2- In accordance with Article 9, Section 2, Paragraph 1 of the Georgia Constitution, the Resolution must be adopted at two (2) regular consecutive meetings of the Atkinson County Board of Commissioners, not less than seven (7) nor more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment shall be published in the official county organ once a week for three weeks within a period of sixty (60) days immediately preceding final adoption. Said notice shall state that a copy of the proposed amendment is on file in the Office of the Clerk of the Superior Court of Atkinson County, Georgia for examination and inspection by the public. The Clerk of Court shall furnish anyone, upon written request, a copy of the proposed amendment. The amendment to the local act shall become effective when a copy of the amendment, a copy of the notice of publication and an affidavit of the newspaper to the effect that said notice has been published as provided in the Constitutional provisions referenced above, has been filed with the Secretary of State. ATKINSON COUNTY BOARD OF COMMISSIONERS Hayward C. Cribb COMMISSIONER Jerry L. White COMMISSIONER Abe T. Minchew, Jr. COMMISSIONER I hereby certify, as Clerk of the Atkinson County Board of Commissioners, that the above Resolution was duly adopted at two (2) regular consecutive meetings of the Board on March 1, 1994, and April 5, 1994, which were held not less that seven (7) nor more than sixty (60) days apart and that a copy of the Resolution was filed with the Atkinson County Superior Court Clerk prior to the commencement of publication.

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This 5th day of April, 1994. BARBARA HALL, CLERK, ATKINSON COUNTY BOARD OF COMMISSIONERS GEORGIA, ATKINSON COUNTY. AFFIDAVIT OF PUBLISHER Personally appeared PATSY W. KIRKLAND, who, on oath, states the following based on her personal knowledge: -1- Affiant is the Publisher of the Atkinson County Citizen, the legal organ of Atkinson County, Georgia, and is authorized to make this affidavit. -2- The attached notice was duly published in said legal organ once a week for three (3) weeks within a period of sixty (60) days prior to April 5th, 1994. PATSY W. KIRKLAND Sworn to and subscribed before me, this 6th day of April, 1994. Thada C. Graham NOTARY PUBLIC Notary Public, Atkinson County, Georgia My Commission Expires June 26, 1996 GEORGIA, ATKINSON COUNTY. NOTICE OF AMENDMENT TO THE LOCAL ACT APPLICABLE TO THE ATKINSON COUNTY BOARD OF COMMISSIONERS NOTICE is hereby given, pursuant to Article 9, Section 2, paragraph 1 of the Georgia Constitution, that the Atkinson County Board of Commissioners propose to adopt a Resolution amending the local act applicable to the Atkinson County Board of Commissioners by adding the following provision thereto: In the event a Commissioner is disqualified to vote on any matter and a tie vote results, the Sheriff of Atkinson County, Georgia shall cast the tie breaking vote on the particular matter being considered. The proposed amendment, in the form of a Resolution, a copy of which is on file in the Office of the Clerk of the Superior Court of Atkinson

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County, Georgia for examination and inspection by the public, will be voted on at two regular meetings of the Atkinson County Board of Commissioners on the following dates: March 1, 1994 and April 5, 1994. Anyone may obtain a copy of the proposed amendment and Resolution by requesting a copy, in writing, from the said Clerk of Court. Anyone objecting to the proposed amendment may appear at the meetings referred to above to voice any objection. ATKINSON COUNTY BOARD OF COMMISSIONERS BARBARA HALL, CLERK Filed in the Office of the Secretary of State April 20, 1994. CLAYTON COUNTY CLAYTON COUNTY HOSPITAL AUTHORITY; MEMBERS; APPOINTMENT. ORDINANCE 94 - 28 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, AMENDING GEORGIA LAWS 1977, PAGE 2614 AND RESOLUTION OF 6-14-62 (CODIFIED IN ARTICLE II, CHAPTER 2-14 OF THE CLAYTON COUNTY CODE OF ORDINANCES) SO AS TO CHANGE THE MANNER BY WHICH APPOINTMENTS OF MEMBERS ARE MADE TO THE CLAYTON COUNTY HOSPITAL AUTHORITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; TO PROVIDE SEVERABILITY; 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, GEORGIA 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 amends Georgia Laws 1977, Page 2614 and Resolution 6-14-62 (codified in Chapter 2-14 of the Clayton County Code of Ordinances) by adding Section 2-14-27 entitled Appointment of members to read as follows: Effective January 1, 1994, Clayton County Hospital Authority members shall be appointed by the Board of Commissioners to the Clayton County Hospital Authority Board in September of each year to be seated as a member of the Board of Trustees of the Clayton County Hospital Authority effective November 1 of the year of their appointment. Current members of the Clayton County Hospital Authority

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shall serve as a member of the Board of Trustees through October 31 of the year in which their appointment ends. Section II. All laws and ordinances, or parts thereof, which conflict with the provisions of this Ordinance are repealed. Section III. If any part of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect the remainder of this enactment, and such remainder shall remain in full force and effect. Section IV. This Ordinance shall become effective upon its approval by the Board of Commissioners after the second adoption of said Ordinance, provided the same receives an affirmative vote of three or more members, and prvided further that a copy of said Ordinance has been published and filed with the Secretary of State as required by law. SO ORDAINED, this 5th day of April, 1994. CLAYTON COUNTY BOARD OF COMMISSIONERS C. CRANDLE BRAY, CHAIRMAN ROBBIE L. MOORE, JR., VICE-CHAIRMAN RONALD M. DODSON, COMMISSIONER TERRY J. STARR, COMMISSIONER GERALD A. MATTHEWS, COMMISSIONER ATTEST: MARGARETTE A. SWAIM, CLERK 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 94-28 AS ADOPTED BY THE CLAYTON COUNTY BOARD OF COMMISSIONERS ON APRIL 5, 1994. THE ORIGINAL OF ORDINANCE 94-28 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. MARGARETTE A. SWAIM CLERK OF THE COMMISSION APRIL 7, 1994 ORDINANCE 94-28 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 15th day of March, 1994 with the following members present and voting in favor of same: Chairman C. Crandle Bray, Vice

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Chairman Robbie L. Moore, Jr., Commissioner Ronald M. Dodson, Commissioner Terry J. Starr, and Commissioner Gerald A. Matthews. 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 5th day of April, 1994 with the following members present and voting in favor of same: Vice Chairman Robbie L. Moore, Jr., Commissioner Ronald M. Dodson, and Commissioner Gerald A. Matthews. Chairman C. Crandle Bray and Commissioner Terry J. Starr were not present at the meeting. MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS Having been read during the regular meetings of the Board of Commissioners of Clayton County on March 15, 1994 and April 5, 1994, Ordinance 94-28 was adopted at the regular meeting of April 5, 1994. The following members were present on April 5, 1994 and voted in favor of Ordinance 94-28: Vice Chairman Robbie L. Moore, Jr., Commissioner Ronald M. Dodson, and Commissioner Gerald A. Matthews. Chairman C. Crandle Bray and Commissioner Terry J. Starr were not present at the meeting. MARGARETTE A. SWAIM CLERK OF THE COMMISSION CLAYTON COUNTY BOARD OF COMMISSIONERS ATTEST: MARGARETTE A. SWAIM CLERK OF THE COMMISSION (SEAL) STATE OF GEORGIA COUNTY OF CLAYTON Personally appeared before the undersigned, DONNA SANDERS , who after being first duly sworn states that he/she is the LEGAL CLERK of the Clayton News/Daily, official legal organ of CLAYTON COUNTY, GEORGIA, and that upon his/her own personal knowledge he/she knows that the legal advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: March 18, 25 and April 1, 1994

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Donna Sanders Affiant Sworn to and subscribed before me this 1st day of April, 1994 Signed Shayne O. Finch, Notary Public My Commission Expires February 20, 1998 MISCELLANEOUS NOTICE OF INTENTION TO CONSIDER AN ORDINANCE AMENDING THE CLAYTON COUNTY CODE OF ORDINANCES Notice is hereby given that an Ordinance amending the Code of Clayton County pertaining to the appointment by the Board of Commissioners of members of the Board of Trustees of the Clayton County Hospital Authority will be duly considered for adoption by the Clayton County Board of Commissioners pursuant to its Home Rule powers on March 15, 1994 at 2:00 o'clock p.m. and April 5, 1994 at 7:00 o'clock p.m. in the Commissioners' Board Room, Administration Building, Jonesboro, Georgia. The proposed Ordinances provide that subject to the provisions of Ga. Laws 1977 pp. 2614, et seq., effective January 1, 1994, Clayton County Hospital Authority members shall be appointed by the Board of Commissioners to the Clayton County Hospital Authority Board in September of each year to be seated as a member of the Board of Trustees of the Clayton County Hospital Authority effective November 1 of the year of their appointment. Current members of the Clayton County Hospital Authority shall serve as a member of the Board of Trustees through October 31 of the year in which their appointment ends. The proposed Ordinance further provides for the repeal of conflicting laws and ordinances; severability; an effective date; and other purposes. A copy of the proposed Ordinance may be examined and inspected and will be furnished upon written request in the Offices 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. March 18, 25/April 1, 1994 189. Filed in the Office of the Secretary of State April 28, 1994. DEKALB COUNTY FUNDS; INVESTMENTS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, ACTING UNDER THE HOME RULE POWERS

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GRANTED UNDER THE CONSTITUTION OF THE STATE OF GEORGIA, TO REPEAL SECTION 2-114 (CODE OF DIVESTITURE) OF ARTICLE III (FINANCE) OF THE CODE OF DEKALB COUNTY AS REVISED, 1988. I. BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule powers granted in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia, that Section 2-114 (Code of Divestiture) of Article III (Finance) of the Code of DeKalb County, as Revised, 1988, which provides as follows: no funds or revenues of any kind whatsoever which are subject to the control of any department, agency, institution or authority of the county shall remain invested or hereafter be invested in stocks, securities or other obligations of any corporation, partnership, sole proprietorship or other organization carrying on an enterprise for profit, which does business with the Republic of South Africa, until the entity has adopted the Sullivan Principles and has obtained a performance rating in the top two (2) categories of the Sullivan Principles Rating System prepared by Arthur D. Little, Inc. is hereby repealed in its entirety with no new provision being ordained. Section Number 2-114 shall be reserved for future use in the numbering system of the Code. II. All laws or parts of laws in conflict with this Ordinance are hereby repealed. III. Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted. IV. This Ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty

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(60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the Office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public. V. This Ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 24th day of May 1994, and again on the 14th day of June 1994, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI. A copy of the Ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of same for distribution to interested members of the public. VII. The provisions of this Ordinance are effective upon adoption. ADOPTED by the DeKalb County Board of Commissioners, this 14th day of June , 1994. Jacqueline B. Scott Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, this 23rd day of June , 1994. Liane Levetan Chief Executive Officer DeKalb County, Georgia ATTEST: David W. Joyner, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia APPROVED: Jonathan Weintraub Attorney for DeKalb County STATE OF GEORGIA COUNTY OF DEKALB I, DAVID W. JOYNER, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and

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correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on May 24 , 1994, and on June 14 , 1994. This 24th day of June 1994. DAVID W. JOYNER, Ex-Officio Clerk of the Chief Executive Officer and Board of Commissioners, DeKalb County, Georgia Sworn to and subscribed before me this 24th day June , 1994. Jean G. Silvey Notary Public PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a Notary Public within and for said State and county, Gerald William Crane, Publisher of the Decatur-DeKalb News/Era , a newspaper published at Decatur, DeKalb County, Georgia, who, being duly sworn, states on oath that the report of Notice of Intent to Repeal Ordinance Sec. 2-114 a copy/copies of which are attached hereto and were published in said newspaper on the following date(s): May 26, June 2 June 9, 1994 Gerald W. Crane Publisher By Lynn Crane Agent Sworn to and subscribed before me this July 8th, 1994 . LOTTIE BARFIELD Notary Public Notary Public, DeKalb County, Georgia My Commission Expires November 29, 1997 PUBLIC NOTICE OF INTENT TO REPEAL DEKALB COUNTY ORDINANCE SECTION 2-114 Be Advised that action is underway by the DeKalb County Board of Commissioners to repeal Section 2-114 of Article III of the Code of DeKalb County, as revised 1986. Section 2-114 currently provides that: No funds or revenues of any kind whatsoever which are subject to the control of any department, agency, institution or authority of the

Page 4533

county shall remain invested or hereafter be invested in stocks, securities or other obligations of any corporation, partnership, sole proprietorship or other organization carrying on an enterprise for profit, which does business with the Republic of South Africa, until the entity has adopted the Sullivan Principles and has obtained a performance rating in the top two (2) categories of the Sullivan Principles Rating System prepared by Arthur D. Little, Inc. It is the intention of the DeKalb County Board of Commissioners to repeal Section 2-114. A copy of the proposed ordinance repealing Section 2-114 is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. 34-37051, 5/26-6/9 Filed in the Office of the Secretary of State July 22, 1994. GLYNN COUNTY BOARD OF COMMISSIONERS; CERTIFIED PUBLIC ACCOUNTANTS; EMPLOYMENT. 0-1994-05 BOARD OF COMMISSIONERS GLYNN COUNTY, GEORGIA BRUNSWICK, GEORGIA First Reading and Adoption: 6-2-94 Second Reading and Adoption: 6-16-94 At the called meetings of the Glynn County Board of Commissioners, held in the Commission Meeting Room, 701 G Street, Brunswick, Georgia. Present: James E. Miller, Chairman, At-Large Virginia Gunn, Vice-Chairman, District 2 Milton Lynn, District 1 Jack Hardman, District 3 W. Harold Pate, District 4 Gladys Martin Lyde, District 5 Robert H. Boyne, At-Large On motion of Commissioner Boyne which carried unanimously , at the June 2, 1994 meeting of the Glynn County Board of Commissioners, and again on motion of Commissioner Boyne which carried unanimously at the June 16, 1994 meeting of the Glynn County Board of Commissioners, after due and legal publication of notice to the public, the following Home Rule Ordinance was adopted: AN AMENDMENT TO CHANGE SECTION 2 OF GEORGIA LAWS 1939, P. 607 BY REPEALING THAT SECTION IN ITS

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ENTIRETY TO REMOVE THE PROHIBITION AGAINST THE GLYNN COUNTY BOARD OF COMMISSIONERS' EMPLOYING THE SAME CERTIFIED PUBLIC ACCOUNTANT FOR A PERIOD OF MORE THAN ONE YEAR CONTINUOUSLY. BE IT ORDAINED by the Glynn County Board of Commissioners, this the 16th day of June , 1994, that Section 2 of Georgia Laws 1939, p. 607, be and it is hereby amended to repeal that section of said Local Act of the Georgia General Assembly in its entirety. This Home Rule Ordinance shall be effective upon reading and adoption the Second Time shown above. GLYNN COUNTY BOARD OF COMMISSIONERS BY: JAMES E. MILLER, Chairman ATTEST: Carol Summerour Acting Clerk PUBLISHER'S AFFIDAVIT GEORGIA, GLYNN COUNTY Personally appeared before the undersigned attesting authority, W.R. Maulden, Advertising Director and General Manager of The Brunswick News, a daily newspaper published in aforesaid county, who on oath says that the attached legal notice was published in said newspaper on May 31, June 7, 14, 1994 . W.R. Maulden Sworn to and subscribed before me this 15th day of Sept. , 19 94 Nell D. Yeomans Notary Public, Brantley County, Georgia My Commission Expires February 17, 1997. NOTICE OF PROPOSED HOME RULE ORDINANCE Notice is hereby given that the Glynn County Board of Commissioners shall consider a Home Rule Ordinance at its June 2, 1994 meeting at 8:30 a.m. and its June 16, 1994 meeting at 6:00 p.m. meeting both of which shall be at the Historic Glynn County Courthouse at 701 G Street, Brunswick, Georgia. SAID PROPOSED HOME RULE AMENDMENT SHALL BE TO REPEAL SECTION 2 OF GEORGIA LAWS 1939, P. 607 WHICH NOW PROHIBITS THE GLYNN COUNTY BOARD OF COMMISSIONERS' USING THE SAME CERTIFIED PUBLIC ACCOUNTANT FOR A PERIOD OF MORE THAN ONE YEAR CONTINUOUSLY.

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A copy of the proposed Home Rule Ordinance containing the repeal is on file in the office of the Clerk of the Superior Court of Glynn County for the purpose of examination and inspection by the public. GLYNN COUNTY BOARD OF COMMISSIONERS Filed in the Office of the Secretary of State October 4, 1994.

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ACTIONS BY MUNICIPALITIES PURSUANT TO CHAPTER 35 OF TITLE 36 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, KNOWN AS THE MUNICIPAL HOME RULE ACT OF 1965

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CITY OF AVONDALE ESTATES AVONDALE ESTATES DEVELOPMENT AUTHORITY; CHAIRPERSON. An Ordinance No. 862 To amend the method of selection of the chairperson of the Avondale Estates Development Authority, pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, and for other purposes. BE IT ORDAINED BY the City of Avondale Estates and it is hereby ordained by the authority of same, acting pursuant to the provisions of the Municipal Home Rule Act of 1965, as amended, that the method of selection of the chairperson of the Avondale Estates Development Authority approved February 18, 1977 (Ga. L. 1977, p. 2756), and as amended March 28, 1990 (Ga. L. 1990, p. 4739) be, and the same is, hereby amended as follows: SECTION 1 . Section 2 relating to membership is hereby amended so that as amended said section shall read as follows: Section 2 . Membership. (a) The Authority shall be composed of the following members: Ex officio the Mayor of the City of Avondale Estates, or any member of the Board of Mayor and Commissioners designated by the Mayor, who shall be the Chairperson of the Authority. The Board of Mayor and Commissioners of the City of Avondale Estates shall appoint four members to the Authority as follows: two of the members shall be individuals who shall own property within the Avondale Estates District hereinafter provided for, and two members shall be electors of the City of Avondale Estates. The Board of Commissioners of DeKalb County shall appoint to the Authority one additional member who shall be a non-voting member of the Authority. All members of the Authority, except ex officio members, shall serve at the pleasure of the Board of Mayor and Commissioners of the City of Avondale Estates. (b) The Mayor, or the Mayor's designee as set out in subsection (a) above, shall serve as Chairperson of the Authority during the Mayor's term as Mayor of the City of Avondale Estates. In the event that the Mayor designates a member of the Board of Mayor and Commissioners to serve as Chairperson in the Mayor's stead, such member shall serve at the pleasure of the Mayor during the Mayor's term of office as Mayor. At the time of appointment of the first members, one member from the Avondale Estates District and one member from the electorate of the City of Avondale Estates shall serve for initial terms of two years, and one member from the Avondale Estates District and one member from the electorate of the City of Avondale Estates shall serve for

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initial terms of four years and thereafter for staggered terms of four years. SECTION 2 . All laws and parts of laws inconsistent with the provisions of this ordinance are hereby repealed. First Adoption: December 16, 1993 Attest: Phyllis D. Flowers, City Clerk Second Adoption: January 17, 1994 Attest: Phyllis D. Flowers, City Clerk January 20, 1994 The Honorable Max Cleland Secretary of State 110 State Capitol Atlanta, Georgia 30334 Dear Mr. Cleland: The Charter of the Avondale Estates Development Authority, pursuant to the provisions of the Municipal Home Rule Act of 1965 (as amended), was recently amended. In accordance with O.C.G.A. 36-35-5, enclosed is a copy of the duly executed ordinance (number 862) which was adopted by the Board of Mayor and Commissioners on December 16, 1993 and January 17, 1994. The required notice of publication and affidavit from the publisher of the Decatur News Publishing Company, Inc. is also enclosed. If additional information is needed or if there are any questions, please let me know. Sincerely, Phyllis D. Flowers, CMC City Clerk/Treasurer PUBLIC NOTICE NOTICE OF PROPOSED ORDINANCE TO AMEND THE METHOD OF SELECTION OF THE CHAIRPERSON OF THE AVONDALE ESTATES DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED, AND FOR OTHER PURPOSES The Board of Mayor and Commissioners of the City of Avondale Estates has before it for consideration an ordinance to amend the method of selection

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of the chairperson of the Avondale Estates Development Authority. The following is a synopsis of the proposed amendment: Amendment of Section 2 of the Act creating the Avondale Estates Development Authority as approved February 18, 1977 (Ga. L. 1977, p. 2756), and as amended March 28, 1990 (Ga. L. 1990, p. 4739) so that as amended said section would specify that the mayor, or any member of the Board of Mayor and Commissioners designated by the mayor, shall serve ex officio as chairperson of the Avondale Estates Development Authority during the mayor's term as mayor of the City of Avondale Estates. In the event that the mayor designates a member of the Board of Mayor and Commissioners to serve as chairperson in the mayor's stead, such member shall serve at the pleasure of the mayor during the mayor's term of office as mayor. Copies of the proposed amendment are on file in the office of the City Clerk of the City of Avondale Estates and in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. The City Clerk of the City of Avondale Estates will furnish a copy of the proposed amendment to those persons who may have an interest therein upon written request. This proposed amendment will be considered for adoption by the Board of Mayor and Commissioners at its regular meeting on the 16th day of December, 1993. It will be considered for final adoption at the board's regular meeting on the 17th day of January, 1994, at 7:30 p.m., in the City Hall of Avondale Estates. Notice given this 16th day of December, 1993. Phyllis D. Flowers, City Clerk PUBLISHER'S CERTIFICATE STATE OF GEORGIA [unk] ss: COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane publisher of Decatur-DeKalb News/Era a newspaper publisher at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of City of Avondale Estates, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 16th, 23rd, 30th day of December, 1993 Gerald W. Crane, Publisher (by)..... Agent

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Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths . Sworn to and subscribed before me this 4th day of January, 1993 Marjorie G. Price Notary Public My Commission expires Notary Public, Georgia State at Large My Commission Expires December 28, 1996 (SEAL) Filed in the Office of the Secretary of State January 24, 1994. Filed in Clerk's Office 12-03-93 First Reading 01-04-94 Published 12-09-93 Published 12-16-93 Published 12-23-93 Passed 01-18-94 CITY OF GAINESVILLE WATER SERVICE DEPOSIT FEES. HR 93 - 06 AN ORDINANCE AN ORDINANCE TO AMEND SECTION 10-1-43(c) OF TITLE 10 ENTITLED SCHEDULE OF FEES OF THE MUNICIPAL CODE OF THE CITY OF GAINESVILLE, GEORGIA TO PROVIDE THAT AFTER DISCONTINUANCE OF WATER SERVICE DEPOSIT FEES MAY BE APPLIED TO OTHER INDEBTEDNESS DUE THE CITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. SECTION I. Section 10-1-43(c) of the Municipal Code of the City of Gainesville, Georgia is hereby amended to read as follows: (c) Disposition of deposit on discontinuance of service. Upon discontinuance of water service to a customer having made a deposit, such deposit shall be applied on unpaid water bills of the customer, on the cut-off service fee charged the customer and the balance, if any, after paying any other indebtedness due the City of Gainesville, shall be refunded to the customer . SECTION II . All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came DIANA M. MATOVINA , who, being first duly sworn, according to law, says that she is an agent of The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place of business in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit A, attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days: December 9, 1993 December 16, 1993 December 23, 1993 THE TIMES By: Diana M. Matovina Title: Advertising Assistant Sworn to and subscribed before me this 14th day of January, 1994. Mary C. Gibbs Notary Public, Hall County, Georgia My Commission Expires Nov. 30, 1997 (SEAL) PUBLIC NOTICE ORDINANCE NO. HR-93-06 AN ORDINANCE to amend section 10-1-43(c) of Title 10 entitled schedule of fees of the Municipal Code of the City of Gainesville, Georgia to provide that after discontinuance of water service deposit fees may be applied to other indebtedness due the city; to repeal conflicting ordinances; to provide for severability; to provide for codification; to provide for an effective date; and for other purposes. #293735 12/9 16 23 Filed in the Office of the Secretary of State January 24, 1994. CITY OF DULUTH CAPITAL RESERVE FUND. AMENDMENT TO THE CITY CHARTER THE COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS that pursuant to the provisions of O.C.G.A. 36-35-3, the Charter of the City of Duluth, as amended (Georgia Laws 1987, p. 3914) is hereby

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amended by deleting Section 6.32 in its entirety and replacing it with the following Section 6.32 to read as follows: Section 6.32. Capital Reserve Fund The City Council shall maintain a Capital Reserve Fund to be set forth in the budget for each fiscal year. The initial amount of this Capital Reserve Fund shall be not less than Three Million Dollars ($3,000,000.00). Said fund shall be for the purpose of providing funds to be used only in the case of dire emergency for the purpose of generating long term interest income to provide financial stability for the City, and for the purpose of making long term capital investments in real property. Interest income generated from said fund and payable in any particular fiscal year shall be placed in the operating budget for said fiscal year, and shall be used for such purposes as designated by the City Council in the operating budget for that fiscal year. The Mayor and Council may provide for the withdrawal of funds from the Capital Reserve Fund to be used in cases of dire emergency, or for the purpose of real property upon the passage of an ordinance finding that said expenditure constitutes a dire emergency or that the purchase of the real property is a long term capital investment in the best interest of the City. Approval of any such ordinance shall require the affirmative vote of at least four (4) council members. Other than for the purchase of real property, the amount of money withdrawn from said fund in any one fiscal year shall never exceed Two Hundred and Fifty Thousand Dollars ($250,000.00). The minimum balance in said fund shall never be reduced below Two Million Seven Hundred and Fifty Thousand Dollars ($2,750,000.00) other than for the purpose of the purchase of real property. Should the Council decide to use a portion of said fund for the purchase of real property, the Council shall designate in the ordinance approving the purchase of said property the new minimum balance that shall be maintained in the Capital Reserve Fund. The remaining provisions of the Charter of the City of Duluth, Georgia, shall remain in full force and effect. This ordinance amending the Charter of the City of Duluth, Georgia, is adopted pursuant to O.C.G.A. 36-35-3 and shall become effective upon its approval at a second meeting of the Mayor and Council and following publication as required by law. 1ST ADOPTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF DULUTH, GEORGIA, this 22nd day of November , 1993. Mayor Bobby G. Williams Councilmember Victor F. Gerber
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Councilmember Maxine Garner Councilmember Jason Moore Councilmember Roderick King Councilmember Suzanne F. Britt ATTEST: Teresa Lynn, City Clerk Certified true and exact copy. /s/ Teresa S. Lynn AMENDMENT TO THE CITY CHARTER THE COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS that pursuant to the provisions of O.C.G.A. 36-35-3, the Charter of the City of Duluth, as amended (Georgia Laws 1987, p. 3914) is hereby amended by deleting Section 6.32 in its entirety and replacing it with the following Section 6.32 to read as follows: Section 6.32. Capital Reserve Fund The City Council shall maintain a Capital Reserve Fund to be set forth in the budget for each fiscal year. The initial amount of this Capital Reserve Fund shall be not less than Three Million Dollars ($3,000,000.00). Said fund shall be for the purpose of providing funds to be used only in the case of dire emergency for the purpose of generating long term interest income to provide financial stability for the City, and for the purpose of making long term capital investments in real property. Interest income generated from said fund and payable in any particular fiscal year shall be placed in the operating budget for said fiscal year, and shall be used for such purposes as designated by the City Council in the operating budget for that fiscal year. The Mayor and Council may provide for the withdrawal of funds from the Capital Reserve Fund to be used in cases of dire emergency, or for the purpose of real property upon the passage of an ordinance finding that said expenditure constitutes a dire emergency or that the purchase of the real property is a long term capital investment in the best interest of the City. Approval of any such ordinance shall require the affirmative vote of at least four (4) council members. Other than for the purchase of real property, the amount of money withdrawn from said fund in any one fiscal year shall never exceed Two Hundred and Fifty Thousand Dollars ($250,000.00). The minimum balance in said fund shall never be reduced below Two Million Seven Hundred and Fifty Thousand Dollars ($2,750,000.00) other than for the purpose of the purchase of real property. Should the Council decide to use a portion of said fund for the purchase of real property, the Council shall designate in the ordinance approving

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the purchase of said property the new minimum balance that shall be maintained in the Capital Reserve Fund. The remaining provisions of the Charter of the City of Duluth, Georgia, shall remain in full force and effect. This ordinance amending the Charter of the City of Duluth, Georgia, is adopted pursuant to O.C.G.A. 36-35-3 and shall become effective upon its approval at a second meeting of the Mayor and Council and following publication as required by law. 2ND ADOPTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF DULUTH, GEORGIA, this 13th day of December , 1993. Mayor Bobby G. Williams Councilmember Victor F. Gerber Councilmember Maxine Garner Councilmember Jason Moore Councilmember Roderick King Councilmember Suzanne F. Britt ATTEST: Teresa Lynn, City Clerk Certified true and exact copy. Teresa S. Lynn PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT Personally appeared before the undersigned, a notary public within and for said county and state, David Randolph Still, Associate Publisher of the Gwinnett Post-Tribune, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of LU25110776, a true copy of which is hereto attached, was published in said newspaper on the following date(s): Nov. 20, 27 and Dec. 4, 1993 . BRUCE R. STILL, PUBLISHER By David R. Still, Associate Publisher, Agent Sworn to and subscribed before me this 8th day of December 1993. Glynn M. Martin Notary Public Notary Public, Gwinnett County, Georgia

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My Commission Expires November 8, 1997 NOTICE TO THE PUBLIC The public is hereby notified that an Amendment to the Municipal Charter of the City of Duluth, Georgia, has been proposed and will be adopted at two consecutive regular meetings of the Mayor and Council of the City of Duluth scheduled for November 22, 1993, and December 13, 1993. The Amendment will amend the provisions of the section of the Municipal Charter providing for a Capital Reserve Fund and the administration and use of that fund. The proposed Amendment has been filed in the office of the Clerk of the City of Duluth, Georgia, and in the office of the Clerk of the Superior Court of Gwinnett County, Georgia. It is available for public inspection at either location. LU25110776, 11/20-12/4. Filed in the Office of the Secretary of State January 27, 1994. CITY OF EAST POINT CITY COUNCIL; MEETINGS. ORDINANCE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-115, ADJOURNING, CONTINUING OR RECESSING MEETING, SO AS TO RENDER SAID SECTION INAPPLICABLE TO CITY DEPARTMENTS; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF EAST POINT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows: Section 1 . Section 2-115. Adjourning, continuing, or recessing meeting is deleted in its entirety and is replaced with a new Section 2-115 which shall read as follows:

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Section 2-115. Adjourning, continuing or recessing meeting. Any regular, special, called, adjourned or recessed session or meeting of the city council of East Point, or of any committee thereof, or of any board, agency, commission or authority of said city, with or without a quorum present may, by majority vote of the members present, then and there enter on its minutes a record of its proceedings, adjourn, continue or recess such meeting or session to any future day and hour up to but not beyond the next regular or stated meeting or session. Section 2 . The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . This Ordinance shall become effective upon adoption. Section 4 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading December 6, 1993 Second Reading December 20, 1993 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 20th day of December, 1993.

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PATSYJO HILLIARD, MAYOR ATTEST: Shirley Forry CITY CLERK CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, SHIRLEY M. FORRY, 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 Dec. 20 , 1993, 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 28th day of December, 1993. Shirley M. Forry Clerk, City of East Point Sworn to and subscribed before me this 28th day of December 1993 Susan Lawless Notary Public, Fulton County, Georgia My Commission Expires April 14, 1996 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS, who, being duly sworn, according to law, says that

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he is an agent of the American Lawyer Media, L. P. publishers of the Daily Report, the official newspaper published at Atlanta, Ga., in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 12/03/93 12/10/93 12/17/93 Earl Higgins Agent of the Daily Report Subscribed and sworn to before me this December 29, 1993. Scott Higgins Notary Public Clayton County, Georgia NOTICE CHARTER CHANGE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-115, ADJOURNING, CONTINUING OR RECESSING MEETING, SO AS TO RENDER SAID SECTION INAPPLICABLE TO CITY DEPARTMENTS; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. The FIRST READING of said ordinance will be held on Monday, December 6, 1993, and the FINAL READING of said ordinance will be held on Monday, December 20, 1993 at regular scheduled East Point City Council Meetings at 7:30 p.m. in the East Point Municipal Auditorium. A copy of said ordinance is on file in the City Clerk's Office at East Point City Hall, 2777 East Point Street, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 185 Central Avenue, S.W., Atlanta, Fulton County, Georgia for examination and inspection by the public. The City Clerk of said City and/or the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. SHIRLEY M. FORRY CITY CLERK 12/3-3j Filed in the Office of the Secretary of State February 1, 1994.

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CITY OF EAST POINT MAYOR; REFERENCES. ORDINANCE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-103, MAYOR, DUTIES, SO AS TO REPLACE THEREFROM THE PRONOUN HE AND REFERENCE SPOKESMAN WITH THE WORDS MAYOR AND SPOKESPERSON AS APPLICABLE; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF EAST POINT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows: Section 1 . Section 2-103. Mayor; duties. is deleted in its entirety and is replaced with a new Section 2-103 which shall read as follows: Section 2-103. Mayor; duties . The mayor shall be a member of council and shall serve as the chief spokesperson for the city and the chief advocate of city policy. In addition the mayor shall preside at meetings of the council; shall be recognized as head of the city government for all ceremonial purposes and by the governor for the purposes of military law. The mayor shall sign ordinances and resolutions on their passage; shall sign deeds, bonds, contracts and other instruments as required and shall appoint council and such other committees as required by law. The mayor shall convene the city council in special called sessions when deemed necessary by the mayor. The mayor shall serve the city in part-time capacity. Unless otherwise expressly provided by law or this Charter, the mayor shall have no vote on any question before the city council except in case of a tie. Section 2 . The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed

Page 4552

ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . This Ordinance shall become effective upon adoption. Section 4 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading 12/6/93 Second Reading 12/20/93 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 20th day of December, 1993. PATSY JO HILLIARD, MAYOR ATTEST: SHIRLEY FORRY, CITY CLERK CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON

Page 4553

Personally appeared before the undersigned notary public, SHIRLEY M. FORRY , 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 20, 1993, 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 28th day of December, 1993. Shirley M. Forry Clerk, City of East Point Sworn to and subscribed before me this 28th day of December, 1993 Susan Lawless Notary Public Notary Public, Fulton County, Georgia My Commission Expires April 14, 1996 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS , who, being duly sworn, according to law, says that he is an agent of the American Lawyer Media, L. P. publishers of the Daily Report, the official newspaper published at Atlanta, Ga., in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 12/03/93 12/10/93 12/17/93
Page 4554

Earl Higgins Agent of the Daily Report Subscribed and sworn to before me this December 29, 1993. Scott Higgins Notary Public Clayton County, Georgia NOTICE CHARTER CHANGE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-103, MAYOR, DUTIES, SO AS TO REPLACE THEREFROM THE PRONOUN HE AND REFERENCE SPOKESMAN WITH THE WORDS MAYOR AND SPOKESPERSON AS APPLICABLE; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. The FIRST READING of said ordinance will be held on Monday, December 6, 1993, and the FINAL READING of said ordinance will be held on Monday, December 20, 1993 at regular scheduled East Point City Council Meetings at 7:30 p.m. in the East Point Municipal Auditorium. A copy of said ordinance is on file in the City Clerk's Office at East Point City Hall, 2777 East Point Street, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 185 Central Avenue, SW., Atlanta, Fulton County, Georgia for examination and inspection by the public. The City Clerk of said City and/or the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. SHIRLEY M. FORRY CITY CLERK 12/3-3j Filed in the Office of the Secretary of State February 1, 1994.

Page 4555

CITY OF EAST POINT MINUTES OF MEETINGS. ORDINANCE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-116, RECORD OF ACTS, SO AS TO PROVIDE THAT A COPY OF ALL MINUTES OF MEETINGS OF COMMITTEES OF COUNCIL, AND OF THE VARIOUS COMMISSIONS, BOARDS, AGENCIES AND AUTHORITIES OF THE CITY BE FURNISHED TO MAYOR AND COUNCIL WITHIN A TIME SPECIFIED BY THE MAYOR; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF EAST POINT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby furhter amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows: Section 1 . Section 2-116. Record of acts . is deleted in its entirety and is replaced with a new Section 2-116 which shall read as follows: Section 2-116. Record of acts . The city council of East Point and all committees thereof, and the various commissions, boards, agencies and authorities of said city shall make and keep a correct, complete and accurate record of their respective acts and doings, including written communications on which such bodies are required to act. A copy of the minutes of all meetings of committees of council and of the various commissions, boards, agencies and authorities of the city shall be furnished to mayor and council within a time specified by the mayor. Section 2 . The City Clerk of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the

Page 4556

official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . This Ordinance shall become effective upon adoption. Section 4 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading December 6, 1993 Second Reading December 20, 1993 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 20th day of December, 1993. PATSY JO HILLIARD, MAYOR ATTEST: SHIRLEY FORRY CITY CLERK CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, SHIRLEY M. FORRY, Clerk of the City of East Point, and after being duly sworn deposes and states under oath as follows:

Page 4557

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 Dec. 20, 1993, 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 28th day of Dec. , 1993. Shirley M. Forry Clerk, City of East Point Sworn to and subscribed before me this 28th day of December , 1993 Susan Lawless Notary Public Notary Public, Fulton County, Georgia My Commission Expires April 14, 1996 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS, who, being duly sworn, according to law, says that he is an agent of the American Lawyer Media, L. P. publishers of the Daily Report, the official newspaper published at Atlanta, Ga., in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 12/03/93 12/10/93 12/17/93 Earl Higgins Agent of the Daily Report Subscribed and sworn to before me this December 29, 1993. Scott Higgins Notary Public Clayton County, Georgia

Page 4558

NOTICE CHARTER CHANGE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-116, RECORD OF ACTS, SO AS TO PROVIDE THAT A COPY OF ALL MINUTES OF MEETINGS OF COMMITTEES OF COUNCIL, AND OF THE VARIOUS COMMISSIONS, BOARDS, AGENCIES AND AUTHORITIES OF THE CITY BE FURNISHED TO MAYOR AND COUNCIL WITHIN A TIME SPECIFIED BY THE MAYOR; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. The FIRST READING of said ordinance will be held on Monday, December 6, 1993, and the FINAL READING of said ordinance will be held on Monday, December 20, 1993 at regular scheduled East Point City Council Meetings at 7:30 p.m. in the East Point Municipal Auditorium. A copy of said ordinance is on file in the City Clerk's Office at East Point City Hall, 2777 East Point Street, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 185 Central Avenue, S.W., Atlanta, Fulton County, Georgia for examination and inspection by the public. The City Clerk of said City and/or the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. SHIRLEY M. FORRY CITY CLERK 12/3-3j Filed in the Office of the Secretary of State February 1, 1994. CITY OF EAST POINT PROPOSED ORDINANCES; ATTACHMENTS. ORDINANCE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE

Page 4559

MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-120, FORM OF ORDINANCE, SO AS TO PROVIDE THAT ANY PROPOSED ORDINANCE INCLUDE A REFERENCE TO ANY SPECIFIC DOCUMENTS WHICH ARE ATTACHED TO THE ORDINANCE OR OTHERWISE ARE TO BE MADE A PART OF THE CODE OF ORDINANCES BY THE ADOPTION OF SUCH ORDINANCE; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF EAST POINT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAST POINT, AND IS HEREBY ORDAINED BY AUTHORITY OF SAME THAT: An Act establishing a new Charter for the City of East Point approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) as amended, is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as follows: Section 1 . Section 2-120. Form of ordinance is deleted in its entirety and is replaced with a new Section 2-120, as follows: Section 2-120. Form of Ordinance . Every proposed ordinance shall be introduced in writing and in the form required for final adoption. Each ordinance which involves lengthy documents not included within the body of such ordinance shall include a reference to such documents. No ordinance shall contain more than one subject matter, which (subject) shall be clearly expressed in its title. The enacting clause shall be Be it ordained by the city council of East Point. Any ordinance which repeals or amends an existing ordinance or part of the city code shall set forth the ordinance sections or subsections to be repealed or amended. Section 2 . The City Clerk of the City of East Point, Georgia, is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Upon

Page 4560

adoption of this ordinance by the City Council, the City Clerk is instructed within thirty days thereafter to furnish certified copies of this ordinance to the Secretary of State of the State of Georgia for enrollment in Georgia Laws thereafter. Section 3 . This Ordinance shall become effective upon adoption. Section 4 . Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared invalid or unconstitutional, such adjudication shall in no manner effect the previously existing provisions of the other sections, subsections, sentences, clauses or phrases of this ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clauses or phrases so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 5 . All Charter provisions, ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. First Reading December 6, 1993 Second Reading December 20, 1993 This Ordinance having been properly considered and adopted by the City Council of the City of East Point, Georgia, same is hereby approved. This 20th day of December, 1993. PATSY JO HILLIARD, MAYOR ATTEST: Shirley Forry CITY CLERK CITY CLERK'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Personally appeared before the undersigned notary public, SHIRLEY M. FORRY, 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 20, 1993, 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,

Page 4561

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 28th day of December , 1993. Shirley M. Forry Clerk, City of East Point Sworn to and subscribed before me this 28th day of December , 1993 Susan Lawless Notary Public, Fulton County, Georgia My Commission Expires April 14, 1996 PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS, who, being duly sworn, according to law, says that he is an agent of the American Lawyer Media, L. P. publishers of the Daily Report, the official newspaper published at Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 12/03/93 12/10/93 12/17/93 Earl Higgins Agent of the Daily Report Subscribed and sworn to before me this December 29, 1993. Scott Higgins Notary Public Clayton County, Georgia NOTICE CHARTER CHANGE AN ORDINANCE PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 (Ga. L. 1965, p. 298, et seq.) AMENDING THE

Page 4562

MUNICIPAL CHARTER OF THE CITY OF EAST POINT, GEORGIA, APPROVED AUGUST 19, 1912 (Ga. L. 1912, p. 862, et seq.), AND THE SEVERAL ACTS AMENDATORY THEREOF INCLUDING THAT ACT APPROVED MARCH 9, 1972 (Ga. L. 1972, p. 2151, et seq.), SO AS TO AMEND SECTION 2-120, FORM OF ORDINANCE, SO AS TO PROVIDE THAT ANY PROPOSED ORDINANCE INCLUDE A REFERENCE TO ANY SPECIFIC DOCUMENTS WHICH ARE ATTACHED TO THE ORDINANCE OR OTHERWISE ARE TO BE MADE A PART OF THE CODE OF ORDINANCES BY THE ADOPTION OF SUCH ORDINANCE; TO PROVIDE FOR COMPLIANCE WITH THE MUNICIPAL HOME RULE ACT OF 1965; TO PROVIDE FOR ENROLLMENT; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING LAWS AND ORDINANCES; AND, FOR OTHER PURPOSES. The FIRST READING of said ordinance will be held on Monday, December 6, 1993, and the FINAL READING of said ordinance will be held on Monday, December 20, 1993 at regular scheduled East Point City Council Meetings at 7:30 p.m. in the East Point Municipal Auditorium. A copy of said ordinance is on file in the City Clerk's Office at East Point City Hall, 2777 East Point Street, East Point, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, 185 Central Avenue, S.W., Atlanta, Fulton County, Georgia for examination and inspection by the public. The City Clerk of said City and/or the Superior Court of Fulton County will furnish anyone, upon written request, with a copy of the proposed ordinance. SHIRLEY M. FORRY CITY CLERK 12/3-3j Filed in the Office of the Secretary of State February 1, 1994. CITY OF JACKSON CITY COUNCIL; MEETINGS. AMENDMENT NO. 1994-001 AMENDMENT TO THE CHARTER OF THE CITY OF JACKSON, GEORGIA WHEREAS, pursuant to O.C.G.A. Section 36-35-3(b)(1) has authority to amend the City Charter; and WHEREAS, the City Council wishes to amend the City Charter so as to establish regular meeting dates, IT IS THEREFORE RESOLVED THAT Section 11 of the Charter of the City of Jackson, Georgia, be amended to read as follows:

Page 4563

The power of legislation and the appointment of all subordinate officers of the City shall be vested in said mayor and council members. They shall hold their regular meetings on the 1st and 3rd Tuesdays of each month, at a convenient time of day and place to be set by them. The mayor or any three council members may call a special meeting of the City Council by complying with the notice requirements provided by law. Three council members shall constitute a quorum for the transaction of business at any meeting. A less number may adjourn a meeting from time to time and compel the attendance of absentees. INITIAL RESOLUTION: 1/4/94 ADVERTISEMENT DATES (3): 1/12 1/19 1/26 FINAL ADOPTION: 2/1/94 CHARLES J. BROWN, MAYOR HAROLD DUKE, COUNCIL MEMBER ELIZABETH C. JONES, COUNCIL MEMBER THEODORE PATTERSON, COUNCIL MEMBER WAYNE PHILLIPS, COUNCIL MEMBER LEWIS SIMS, COUNCIL MEMBER STATE OF GEORGIA COUNTY OF BUTTS AFFIDAVIT OF COMPLIANCE WITH NOTICE REQUIREMENTS OF O.C.G.A. 36-35-3(B)(1) RE: CHARTER AMENDMENT NO. 1994-001 Personally appeared before the undersigned attesting officer, the undersigned duly authorized representative of the Jackson Progress-Argus newspaper, who, after first being duly sworn, states on oath that he or she is a duly authorized representative of the Jackson Progress-Argus newspaper, that said newspaper is the official organ of Butts County, Georgia, which is the situs of the City of Jackson, and that the attached notice was published in said newspaper upon the following dates: January 12 , January 19 , and January 26, 1994 . This the 27th day of January, 1994. NAME: Herman Cawthon TITLE: Publisher JACKSON PROGRESS-ARGUS Sworn to and subscribed before me, this the 27th day of
Page 4564

January, 1994. Sallie F. Whitaker NOTARY PUBLIC, STATE OF GEORGIA COMMISSION EXPIRES: 2-3-95 STATE OF GEORGIA COUNTY OF BUTTS NOTICE Notice is hereby given, pursuant to O.C.G.A. Section 36-35-3 (b)(1) that the City Council of the City of Jackson resolved at its regular meeting which was held on January 4 , 1994, to amend the City Charter. A synopsis of the proposed amendment appears below. Final adoption is scheduled for the regular meeting of the City Council to be held on February 1st , 1994, at 7:00 p.m. at City Hall. A copy of the proposed amendment is on file in the office of the Clerk at City Hall and in the office of the Clerk of the Superior Court of Butts County, Georgia, for the purpose of examination and inspection by the public. The proposed amendment is as follows: PROPOSED AMENDMENT TO SECTION 11: The purpose of the proposed amendment is to change the regular meeting dates of the City Council from one (1) meeting each month on the 2nd Monday of the month to two (2) meetings each month on the 1st and 3rd Tuesdays. THE CITY COUNCIL CITY OF JACKSON, GEORGIA Filed in the Office of the Secretary of State February 8, 1994. CITY OF ALAMO ALCOHOLIC BEVERAGES. ORDINANCE AN ORDINANCE PROVIDING FOR THE REPEAL OF SECTION 13 OF THE CHARTER OF THE CITY OF ALAMO AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT THEREWITH: It is ordained by the Mayor and Council of the City of Alamo, Georgia as follows: SECTION I. REPEAL OF CHARTER PROVISION . The Charter of the City of Alamo, approved by Act of the Legislature of the State of Georgia in August, 1909 is hereby amended by repealing and striking in its entirety Section 13 thereof which provides as follows:

Page 4565

Section 13. Be it further enacted, that the sale of spiritous, Malt or other intoxicating liquors shall never be licensed in said town, and the sale thereof forever be prohibited. SECTION II. REPEAL . This ordinance shall be cumulative of all other ordinances which may govern the subject matter hereof except to the extent that such ordinances or parts of ordinances are in conflict with the provisions of this ordinance. To the extent of any such conflict, such prior ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed. SECTION III. EFFECTIVE DATE . This ordinance shall take effect from and after the 6th day of December, 1993. Attest: Debra Browning CITY CLERK SEAL Bobby Cox, Sr. MAYOR CERTIFICATE I certify that the foregoing is a true copy of the Resolution which was duly adopted at a regular meeting of the Mayor and Council of the City of Alamo on the 1st day of November, 1993, and on the 6th day of December, 1993, and is recorded with the minutes of such meetings and that such ordinance has not been rescinded. I further certify that Bobby Cox is the duly elected Mayor, and I am the duly appointed Clerk for the City of Alamo. DEBRA BROWNING-CLERK Sworn to and subscribed before me this 14th day of February, 1994. Marcia Clark NOTARY PUBLIC Notary Public, Wheeler County, Georgia My Commission Expires Sept. 24, 1994 PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned officer, authorized to administer oaths, came the undersigned and after first being duly sworn on oath says: Deponent is the owner and publisher of the WHEELER COUNTY EAGLE, the official gazette of Wheeler County, Georgia, and the newspaper in which Sheriff's advertisements for said county are published. Deponent further states that the attached notice was published in said

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paper once per week for three (3) weeks on the following dates: Nov. 17, Nov. 24, Dec. 1, 1993. James T. Windsor Deponent Sworn to and subscribed before me, this 27th day of December, 1993. Jeanne B. McLendon NOTARY PUBLIC My commission expires June 24, 1997 PUBLIC NOTICE The Mayor and Council of the City of Alamo have adopted an ordinance at their regular meeting on the 1st day of November, 1993 for the purpose of amending the Charter of the City of Alamo to permit the licensing and sale of beer, wine and other alcoholic beverages in the City of Alamo. The Charter at present prohibits such licensing and sale of alcoholic beverages. The ordinance adopted by the Mayor and Council provides as follows: SECTION 1. REPEAL OF CHARTER PROVISION. The Charter of the City of Alamo, approved by Act of Legislature of the State of Georgia in August, 1909, is hereby amended by repealing and striking in its entirety Section 13 thereof which provides as follows: Section 13. Be it further enacted, that the sale of spiritous, Malt and other intoxicating liquors shall never be licensed in said town, and the sale thereof forever be prohibited. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Alamo at the City Hall and in the Office of the Clerk of the Superior Court of Wheeler County, Georgia for the purpose of examination and inspection by the public. The Clerk of the City of Alamo shall furnish to anyone, upon written request, a copy of the proposed amendment. The final adoption of this ordinance shall be considered at the regular meeting of the Mayor and Council on the 6th day of December, 1993, at 7:00 o'clock p.m. at the City Hall in Alamo, Georgia. The public is invited to comment on this ordinance and to attend the meeting at which final adoption shall be considered. This 1st day of November, 1993. Bobby Cox, Mayor, City of Alamo Filed in the Office of the Secretary of State February 21, 1994.

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CITY OF SAVANNAH PARK AND TREE COMMISSION. TO BE ENTITLED AN ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH TO AUTHORIZE AND EMPOWER THE MAYOR AND ALDERMEN TO DEFINE THE POWERS, DUTIES AND JURISDICTION OF THE PARK AND TREE COMMISSION; TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3, that the Charter of the City of Savannah be amended as follows: SECTION 1 : The Mayor and Aldermen of the City of Savannah are authorized and empowered to define the powers, duties and jurisdiction of the Park and Tree Commission. SECTION 2 : That Section 1 of Ga. L. 1896, p. 243 and Section 1 of Ga. L. 1911 and all Laws and parts of Laws and all Ordinances and parts of Ordinances in conflict with this Amendment are hereby repealed. ADOPTED AND APPROVED: October 28, 1993 Susan S. Weiner MAYOR ATTEST: Dyanne C. Reese CLERK OF COUNCIL ORDINANCE ON FIRST READING IN COUNCIL October 14, 1993 ORDINANCE ON SECOND READING IN COUNCIL October 28, 1993 Ordinance read in Council for the first time October 14, 1993. Read a second time October 28, 1993 placed upon its passage, adopted and approved October 28, 1993.
Page 4568

Susan S. Weiner Mayor I, Dyanne C. Reese, Clerk of Council for the Mayor and Aldermen of the City of Savannah, do hereby certify the attached to be a true and exact copy of an Ordinance to amend the Chapter of the Mayor and Aldermen of the City of Savannah to authorize and empower the Mayor and Aldermen to define the powers, duties and jurisdiction of the Park and Tree Commission. Signed and Sealed: March 2, 1994 Dyanne C. Reese, Clerk of Council Affidavit of Publication Savannah Morning News Savannah Evening Press STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Steve Tuck , 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 10-9 , 19 93 , 10-16 , 19 93 , 10-23 , 19 93 ,....., 19....., and finds that the following Advertisement, to-wit: Special Notice Notice is hereby given that The Mayor and Alderman of the City of Savannah will consider an ORDINANCE PROPOSED pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to authorize and empower the Mayor and Alderman to define the powers, duties and jurisdiction of the Park and Tree Commission. The Amendment will be considered at the meeting of Council October 14, 1993, to be held at 2:00pm in Council at City Hall and further considered for final adoption at the next regular meeting on October 28, 1993.

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A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 6th day of October, 1993. Dyanne C. Reese Clerk of Council appeared in each of said editions. Sworn to and subscribed before me this 25th day of October, 1993. Steve Tuck (Deponent) Lillie Dale Lang Notary Public, Chatham County, Georgia My Commission Expires Apr. 14, 1997. Filed in the Office of the Secretary of State March 2, 1994. CITY OF SAVANNAH INDUSTRIAL AND DOMESTIC WATER SUPPLY SYSTEM. TO BE ENTITLED AN ORDINANCE AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH RELATING TO THE INDUSTRIAL AND DOMESTIC WATER SUPPLY COMMISSION; TO ELIMINATE THE PROVISION THAT THE INDUSTRIAL AND DOMESTIC WATER SUPPLY SYSTEM SHALL BE KEPT AND MAINTAINED SEPARATE AND DISTINCT FROM THE WATER DEPARTMENT OF THE CITY OF SAVANNAH; TO REPEAL SECTION 2, GA. L. 1955, P. 3338, ET SEQ.; TO REPEAL CONFLICTING LAWS AND ORDINANCES AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof, and after proper notice and advertisement in accordance with O.C.G.A. 36-35-3, that the Charter of the City of Savannah be amended as follows: SECTION 1 : That the last sentence of the second paragraph of Section 1 of the Charter of the Mayor and Aldermen of the City of Savannah, as amended, Ga. L. 1949, p. 785, 786 which provides that: Said industrial and domestic water supply commission, as created, is charged with the duty of administering the

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construction, improvement and operation of the industrial and domestic water supply system which shall be kept and maintained separate and distinct from the water department of the Mayor and Aldermen of the City of Savannah, be repealed and deleted in its entirety. SECTION 2 : That Section 2 of Ga. L. 1955, p. 3338 be repealed and deleted in its entirety. SECTION 3 : That all Laws and parts of Laws and all Ordinances and parts of Ordinances in conflict with this Amendment are hereby repealed. ADOPTED AND APPROVED: October 28, 1993 Susan S. Weiner MAYOR ATTEST: Dyanne C. Reese CLERK OF COUNCIL ORDINANCE ON FIRST READING IN COUNCIL October 14, 1993 ORDINANCE ON SECOND READING IN COUNCIL October 28, 1993 Ordinance read in Council for the first time October 14, 1993. Read a second time October 28, 1993 placed upon its passage, adopted and approved October 28, 1993. Susan S. Weiner MAYOR I, Dyanne C. Reese, Clerk of Council for the Mayor and Aldermen of the City of Savannah, do hereby certify the attached to be a true and exact copy of an Ordinance to amend the Charter of the Mayor and Aldermen of the City of Savannah relating to the Industrial and Domestic Water Supply Commission. Signed and Sealed: March 2, 1994 Dyanne C. Reese, Clerk of Council Affidavit of Publication Savannah Morning News STATE OF GEORGIA
Page 4571

CHATHAM COUNTY Savannah Evening Press Personally appeared before me, Steve Tuck, 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 10-9, 1993, 10-16, 1993, 10-23, 1993,....., 19....., and finds that the following Advertisement, to-wit: Special Notice Notice is hereby given that The Mayor and Alderman of the City of Savannah will consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to amend the Charter of the City of Savannah to eliminate the provision that the industrial and domestic WATER SUPPLY SYSTEM shall be kept and maintained separate and distinct from water department of the City of Savannah; to repeal parts of Section 1, Ga. L. 1949, p. 785 et seq. and Section 2, Ga. L. 1955, p. 3338 et seq. and for other purposes. The Amendment will be considered at the meeting of Council October 14, 1993, to be held at 2:00pm in Council Chambers at City Hall and further considered for final adoption at the next regular meeting on October 28, 1993. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 6th day of October, 1993. Dyanne C. Reese Clerk Of Council appeared in each of said editions. Sworn to and subscribed before me this 25th day of October, 1993. Steve Tuck (Deponent) Lillie Dale Lang Notary Public, Chatham County, Georgia My Commission Expires Apr. 14, 1997.

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Filed in the Office of the Secretary of State March 2, 1994. CITY OF ALBANY CHIEF OF POLICE; MARSHAL. 94-115 AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA, ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALBANY SO AS TO PROVIDE FOR THE APPOINTMENT OF THE CHIEF OF POLICE AND THE APPOINTMENT OF THE MARSHAL WITH DISTINCT DUTIES AND RESPONSIBILITIES; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: SECTION 1. Section 8 of the Charter of the City of Albany providing for the appointment of a Marshal or Police Chief is hereby amended by deleting the word marshal in the title and the words marshal or in paragraph one, so that said section, as amended, shall read as follows: Section 8. Chief of Police. The Chief of Police shall discharge and perform the duties with reference to the enforcement of the city laws and municipal ordinances, and in addition thereto shall perform such other duties as the board of city commissioners may from time to time prescribe. SECTION 2. Further, the Charter of the City of Albany is amended by adding a new Section 8.(a) providing for the appointment of a Marshal of the City of Albany, so that said section, as amended, shall read as follows: Section 8.(a) Marshal. The Marshal shall have the power, authority, and discharge the duties of a constable as specified in the Official Code of Georgia, Annotated and, in addition thereto, shall perform such other duties as the board of city commissioners may from time to time prescribe. SECTION 3. Pursuant to the provisions of Section 36-35-3 of the Official Code of Georgia, Annotated, as amended, this ordinance shall

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become effective immediately upon its adoption by Board of Commissioners of the City of Albany, Georgia, at two (2) regular consecutive meetings, and after compliance with all the provisions of the Municipal Home Rule Act of 1965, as amended. SECTION 4. All ordinances, or parts of ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed. Paul A. Keenan MAYOR ATTEST: Joanne Pope CITY CLERK Adopted: February 22, 1994 Adopted: March 8, 1994 I do hereby certify that this is a true and correct copy. Joanne Pope City Clerk AFFIDAVIT OF PUBLICATION Georgia, Dougherty County Personally appeared before the undersigned, an officer, authorized to administer oaths, James M. Robinson, who being sworn, says that he is Classified Advertising Manager of the Albany Herald Publishing Company, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County and Baker County, and that the advertisement of Notice to Amend Charter . A TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for February 19, 26, March 5, 1994. James M. Robinson Sworn to and subscribed before me at Albany, Georgia this 9th day of March, 1994. Tara W. Bell Notary Public My Commission Expires July 26, 1996. NOTICE Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend the Charter of the City of Albany so as to provide for the appointment of the Marshal with distinct duties and responsibilities. A copy of said ordinance is on file in the office of the Clerk

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of the City of Albany, Georgia, and such ordinance is available at said place for the purpose of examination or inspection by the public. CITY OF ALBANY, GEORGIA By: A. Grieshaber, Jr. City Attorney Feb. 19, 26, March 5, 1994 43193 Filed in the Office of the Secretary of State March 14, 1994. CITY OF COVINGTON MAYOR AND COUNCIL; OFFICERS; ELECTIONS; HEALTH INSURANCE. BE IT ORDAINED by the Mayor and Council of the City of Covington in Council duly assembled and it is hereby ordained by the authority of same and pursuant to the provisions of 36-35-3(b)(1), Official Code of Georgia Annotated, that the Charter of the City of Covington granted pursuant to 1962 Georgia Laws, Act 531, p. 2002, be amended as follows: 1. By deleting the first sentence of Section 22 thereof and substituting in lieu of the said sentence the following: The government of said city shall be vested in a mayor and eight (8) council members who shall hold their respective offices in accordance with the provisions of the Georgia Municipal Election Code, Chapter 3 of Title 21, Official Code of Georgia Annotated. 2. By deleting Section 29 thereof in its entirety and substituting in lieu thereof the following: Sec. 29. Officers; election; bonds; duties; oaths . The mayor and council at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to wit: a municipal court judge, a city physician and a city attorney, and the mayor and council shall by ordinance prescribe the duties, fix any bonds to be required, and fix the compensation of said officers; and each of said officers, before entering upon the discharge of his duties, shall give such bond as may be required of him and take and subscribe any oath required of him for the faithful discharge of the duties of the office to which he has been thus elected.

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3. By deleting Section 47 thereof in its entirety and substituting in lieu thereof the following: Sec. 47. Election for mayor and council members . Any person desiring to run for city council shall designate the council post for which he is offering. As specified under the Charter, Section 24(a)(2), candidates for council posts 1 West, 2 West, and 3 West must be residents of the West Ward and candidates for council posts 1 East, 2 East, and 3 East must be residents of the East Ward. All council members shall be elected by a majority of the qualified electors voting in the elections for the respective officials. As specified in Charter Section 22, the council members holding council posts 1 West, 2 West and 3 West shall be elected by the qualified electors of the West Ward only; the council members holding council post 1 East, 2 East and 3 East shall be elected by qualified electors of the East Ward only; and the Mayor and council members holding council post 1 At Large and 2 At Large shall be elected by all of the qualified electors of the City of Covington. The qualification of candidates, terms of office for the Mayor and council members and the dates and procedures for the conduct of elections and run-off elections for Mayor and Council posts shall be governed by the provisions of the Georgia Municipal Election Code, Chapter 3 of Title 21, Official Code of Georgia Annotated. 4. By deleting the last sentence of Section 77 in its entirety and substituting in lieu thereof the following: The mayor and council of said city, in carrying out any provision of this section, shall have the right to pay out of the general funds of the city 100% of the premium due for such group health insurance coverage afforded the mayor and 50% of the premium due for such group health insurance coverage afforded its other officers or employees. 5. This ordinance shall be effective as of March 15, 1994. All ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed. ENACTED AND ADOPTED this 14th day of March, 1994.

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W. L. DOBBS, Mayor Attest: LINDA B. WALDEN, Clerk (CITY SEAL) March 18, 1994 Ms. Jean Bowles Office of Secretary of State Elections Division Room 110, State Capitol Atlanta, Georgia 30334 Dear Ms. Bowles: Pursuant to your telephone instructions this date I enclose a copy of the signed City of Covington ordinance of March 14, 1994, amending its charter. The first reading of the ordinance was on February 21, 1994, and its final reading and adoption was on March 14, 1994. I trust that this information will complete your requirements for filing the amendments, but if I may be of further assistance in that regard please give me a call. Yours very truly, CRUDUP HENDRICKS E. S. CRUDUP, JR. Attorney for the City of Covington PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF NEWTON I, RON STOKES, DO HEREBY CERTIFY that I am Publisher of THE COVINGTON NEWS, the newspaper in which sheriff's advertisements appear for Newton County, Georgia, and the notice attached hereto was published in said newspaper on the following dates, to-wit: February 24, March 3 and 10, 1994. Sworn to and subscribed before me this 15th day of March, 1994. Mary R. Pruitt Notary Public Notary Public, Newton County, Georgia My Commission Expires Nov. 1, 1995 (NOTARIAL SEAL) Legal No. 124 RON STOKES, Publisher
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February 24, 1994 March 3, 10, 1994 Notice is hereby given that after the passage of five (5) days from the publication of this notice, there will come before the Mayor and Council of the City of Covington, Georgia, the passage of an ordinance entitled: An ordinance of the City of Covington, Georgia, to amend the charter, City of Covington, Georgia, granted pursuant previous amendments, for the purpose of revising certain provisions of Sections 22, 29, 47, and 77 thereof. A copy of said proposed ordinance is posted on the bulletin board at the City Hall, 2111 Conyers Street, Covington, Georgia. This 24th day of February, 1994. This ordinance will come before the Mayor and Council for final adoption on March 14th, 1994. Filed in the Office of the Secretary of State March 21, 1994. CITY OF DALLAS CONTRACTING PROCEDURES; CITY MANAGER; POWERS. CHARTER AMENDMENT BY ORDINANCE 94-01 WHEREAS, the Governing Authority of the City of Dallas, Georgia has determined that in order to provide for a more efficient and economical administration of the City of Dallas, the City's Charter should be amended, AND WHEREAS, the State of Georgia through O.C.G.A. 36-35-3 (Home Rule) does allow municipal governments to amend their Charters following certain procedures and if said amendments are not in conflict with O.C.G.A. 36-35-6, NOW THEREFORE, be it ordained by the Mayor and Council of the City of Dallas, Georgia that the Charter of the City of Dallas, Georgia be amended by the deletion of Section 6.26 in its entirety and adoption of a new Section 6.26 that shall read as follows: SECTION 6.26 CONTRACTING PROCEDURES . No contract with the City of Dallas, Georgia, except as allowed under Section 3.10 ADMINISTRATIVE RESPONSIBILITY; POWERS of this Charter, with a monetary value of Two Thousand Five Hundred Dollars ($2,500) or more shall be binding upon the City unless:

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(a) It is in writing; (b) It is drawn by or submitted to and reviewed by the City Manager and the City Attorney; and (c) It is made or authorized by the City Council and such approval is entered in the City Council Minutes, AND THEREFORE, be it further ordained by the Mayor and Council of the City of Dallas, Georgia that the Charter of the City of Dallas, Georgia be amended by the deletion of Section 3.10 (b) in its entirety and the adoption of a new Section 3.10 (b) that shall read as follows: SECTION 3.10 ADMINISTRATIVE RESPONSIBILITY; POWERS . (b) The City Manager is authorized and empowered to make and execute contracts within the scope of his/her duties as defined by this Charter; provided however, that any such contract must be approved by the Mayor and Council if the consideration is over Five Hundred Dollars ($500) with the following exceptions: (1) If the contract is an employment contract for non-council appointed employees; (2) If the contract is for repairs and/or maintenance of equipment and/or buildings with a monetary value of less than Two Thousand Five Hundred Dollars ($2,500.00). SO SHALL IT BE ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DALLAS, GEORGIA THIS DAY, THE 7th, OF March, 1994. John H. Cochran COUNCILMAN Joe Watson, Jr. COUNCILMAN Frank L. McTyre COUNCILMAN Jeffery Miller MAYOR Henry Dodd COUNCILMAN F.A. Lane, Jr. COUNCILMAN Henry Dodd COUNCILMAN Kelly Carter COUNCILMAN ATTEST: Helon Wills CERTIFICATION: This is to certify that the Charter Amendment by Ordinance #94-01 was first read at the Regular Meeting of the Mayor and City Council of the City of Dallas on January 3, 1994. Subsequent readings were held and officially adopted at the Regular Meetings held on February 7 and March 7, 1994. Helon Wills, City Clerk 3-17-94

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AFFIDAVIT OF PUBLICATION RE: NOTICE - Charter Amendment City of Dallas, Ga. This to certify that I, T. E. Parker, after being duly sworn, am publisher of The Dallas New Era, the official legal organ of Paulding County. The above referenced advertisement ran 3 weeks in The Dallas New Era on the following dates: 2-17-94, 2-24-94, 3-3-94 . T.E. Parker Publisher Sworn to and subscribed before me this 3 day of March, 1994 Vivian D. Couch Notary Public, Paulding County, Georgia My Commission Expires March 4, 1994 NOTICE Charter Amendment City of Dallas, Georgia In accordance with the Official Code of Georgia, Annotated, 36-35-3(B)(1), the City of Dallas is proposing to amend its charter in its application to the review of contractual agreements by the City Attorney and also an amendment to the charter that will allow the City Manager to expend funds for repairs and maintenance without prior approval by the City Council. A copy of the proposed amendments are on file with the Dallas City Clerk, 120 Main Street, Dallas, Georgia and the Clerk of the Paulding County Superior Court at #11 Courthouse Square, Dallas, Georgia and are available for examination and inspection by the public. Said amendments shall be duly adopted by the Mayor and Council of the City of Dallas, Georgia at two regular consecutive meetings, not less than seven nor more than 60 days apart as required by O.C.G.A. 36-35-3(B)(1). Helon Wills, City Clerk. (3t17) Filed in the Office of the Secretary of State March 21, 1994. CITY OF DULUTH CITY ADMINISTRATOR; BUDGET. AMENDMENT TO THE CITY CHARTER THE COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS that pursuant to the provisions of O.C.G.A. 36-35-3, the Charter of the

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City of Duluth, as amended (Georgia Laws 1987, p. 3914) is hereby amended by the addition of a new section to Article III of said Charter to be designated as Section 3.15 to read as follows: Section 3.15. City Administrator The Mayor and Council shall appoint a city administrator who shall not be a councilmember. The compensation and term of office of the city administrator shall be established by the Mayor and Council. The administrator shall be vested with the authority and responsibility to oversee and supervise the regular business affairs of the city, and shall act as the office manager of the City Hall. Except as otherwise provided by general or local state law, he shall be the chief administrative officer of the city and shall exercise executive supervision over all city employees and departments, except the police department. He shall further have such other duties as the mayor and council may require, and which are not inconsistent with this Code, or any state law. The city administrator need not be a resident of the City of Duluth. The Council of the City of Duluth further ordains that Article III of the Charter of the City of Duluth is amended as follows: Section 3.10 is hereby amended by deleting in its entirety the language contained in subpart (d) of section 3.10 and replacing said language with the following language which shall constitute subpart (d) of Section 3.10: (d) There shall be a director or department head of each department and agency of the City who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operation of his/her department or agency. Notwithstanding the foregoing, the city administrator shall not direct nor supervise the operation or affairs of the City of Duluth Police Department. Section 3.10 is also amended by the addition of subpart (e) to Section 3.10 which shall read as follows: (e) The Mayor and Council may, by ordinance, delegate its authority regarding the administrative affairs of the City unless such delegation is prohibited herein or by the general laws or constitution of the State of Georgia. The Council of the City of Duluth further ordains that Article VI of the Charter of the City of Duluth is amended as follows: Section 6.24 is hereby amended by deleting the words city clerk wherever they appear in said section and replacing said words with the words city administrator. Section 6.24 is further amended by deleting the last sentence therein in its entirety and replacing it with the following language:

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The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed with the office of the city clerk and shall be open to public inspection. Section 6.25 is hereby amended by deleting the words city clerk wherever they appear in said section and replacing said words with the words city administrator. The remaining provisions of the Charter of the City of Duluth, Georgia, shall remain in full force and effect. This ordinance amending the Charter of the City of Duluth, Georgia, is adopted pursuant to O.C.G.A. 36-35-3 and shall become effective upon its approval at a second meeting of the Mayor and Council and following publication as required by law. 1ST ADOPTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF DULUTH, GEORGIA this 24th day of January, 1994 Mayor Shirley Fanning-Lasseter Councilmember Roderick King Councilmember Jason Moore Councilmember Maxine Garner Councilmember Victor F. Gerber Councilmember Suzanne Britt ATTEST: City Clerk Teresa S. Lynn Certified true and exact copy. Teresa S. Lynn 2ND ADOPTION APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF DULUTH, GEORGIA this 14th day of February, 1994 Mayor Shirley Fanning-Lasseter Councilmember Roderick King Councilmember Jason Moore Councilmember Maxine Garner Councilmember Victor F. Gerber Councilmember Suzanne Britt ATTEST: City Clerk Teresa S. Lynn Certified true and exact copy. Teresa S. Lynn PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF GWINNETT

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Personally appeared before the undersigned, a notary public within and for said county and state, David Randolph Still, Associate Publisher of the Gwinnett Post-Tribune, published at Lawrenceville, County of Gwinnett, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of U25010909, a true copy of which is hereto attached, was published in said newspaper on the following date(s): January 19, 26 and Feb. 2, 1994 BRUCE R. STILL, PUBLISHER By David R. Still, Associate Publisher, Agent Sworn to and subscribed before me this 17th day of March 1994. Glynn M. Martin Notary Public Notary Public, Gwinnett County, Georgia My Commission Expires November 8, 1997 PUBLIC NOTICE The public is hereby notified that an Amendment to the Municipal Charter of the City of Duluth, Georgia, has been proposed and will be adopted at two consecutive regular meetings of the Mayor and Council of the City of Duluth scheduled for January 24, 1994 and February 14, 1994. The Amendment will establish the position of city administrator and will set out the duties, responsibilities and authority allocated to such position. The Amendment will also change the location at which the City's annual budget may be reviewed by the public prior to its adoption. The proposed amendment has been filed in the office of the Clerk of the City of Duluth, Georgia, and in the office of the Clerk of the Superior Court of Gwinnett County, Georgia. It is available for public inspection at either location. U25010909, 1/19-2/2 Filed in the Office of the Secretary of State March 22, 1994.

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CITY OF JESUP COMMISSIONERS; ELECTION DISTRICTS. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JESUP APPROVED DECEMBER 16, 1937, (GEORGIA LAWS, 1937-38, EX. SESS., PP. 1142-1203), AS AMENDED, SO AS TO PROVIDE FOR NEW ELECTION DISTRICTS FOR ELECTION TO THE BOARD OF COMMISSIONERS OF THE CITY; TO REPEAL CONFLICTING LAWS AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF JESUP as follows: Section 1: The Charter of the City of Jesup, approved December 16, 1937, (Georgia Laws, 1937-38, EX. SESS., PP. 1142-1203), as amended, is hereby further amended as follows: For the purpose of electing members of the Board of Commissioners of the City, the City shall be divided into six (6) election districts as follows: ELECTION DISTRICT NO. 1 Beginning at the intersection of the centerline of North Fourth Street and the centerline of the Southern Railway right-of-way; running thence in a general Southeasterly direction along the centerline of the Southern Railway right-of-way until it intersects with the centerline of North Palm Street; running thence in a general southwesterly direction along the centerline of North Palm Street until it intersects with the centerline of East Pine Street; running thence in a general southeasterly direction along the centerline of East Pine Street until it intersects with the centerline of U.S. 301 Bypass; running thence in a general Southwesterly direction along the centerline of U.S. 301 Bypass and U.S. 301 South until it intersects with the centerline of East Plum Street; running thence in a general Southeasterly direction along the centerline of East Plum Street until it intersects with the Southeastern City Limits line; running thence in a general Notheasterly direction along the Southeastern City Limits line until it intersects with the Northeastern City Limits line; running thence in a general Northwesterly direction along the Northeastern City Limits line until it intersects with the centerline of North Fourth Street; running thence in a general Southeasterly and Southwesterly direction along the centerline of North Fourth Street until it intersects with the centerline of the Southern Railway right-of-way, which is the POINT OF BEGINNING . Said District being shown and delineated on a certain map of same prepared by Reapportionment Services Office of The Georgia General Assembly and titled Plan: Jesup3R, which is on file in City Hall, Jesup, Georgia. ELECTION DISTRICT NO. 2 Beginning at the intersection of the centerline of North Fourth Street and the centerline of the Southern Railway right-of-way; running thence in a

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general Northeasterly and Northwesterly direction along the centerline of North Fourth Street until it intersects with the Northeastern City Limits line; running thence in a general Northwesterly direction along the Northeastern City Limits Line until it intersects with the Northwestern City Limits Line; running thence in a general Southwesterly direction along the Northwestern City Limits Line until it intersects with the centerline of the Southern Railway right-of-way; running thence in a general Northwesterly direction along the centerline of the Southern Railway right-of-way until it intersects with the Northwestern City Limits line (which is the Southeastern boundary of a Georgia Power Easement); running thence in a general Southwesterly direction along the Northwestern boundary (which is the Southeastern boundary of a Georgia Power Easement) until it intersects with the centerline of Durrence Road (which is also a City Limits Line); running thence in a general Northeasterly direction along the centerline of Durrence Road until it intersects with the centerline of Bay Acres Road, which is the Northwestern City Limits line; running thence in a general Southwesterly direction, thence Northwesterly direction, thence Southwesterly direction, again, along the Northwestern City Limits Line, until it intersects with the centerline of Millikin Bay; running thence in a general Southeasterly direction along the centerline of Millikin Bay until it intersects with the centerline of Beaver Dam Branch; running thence in a general Northeasterly direction along the centerline of Beaver Dam Branch until it intersects with Bay Acres Road; running thence in a general Southeasterly direction along the centerline of Bay Acres Road until it intersects with the centerline of Sunset Boulevard; running thence in a general Northeasterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of West Cherry Street; running thence in a general Southeasterly direction along the centerline of West Cherry Street until it intersects with the centerline of the Seaboard Coastline Railroad right-of-way; running thence in a general Northeasterly direction along the centerline of the Seaboard Coastline Railroad right-of-way until it intersects with the centerline of the Southern Railway right-of-way; running thence in a general Northwesterly direction along the centerline of the Southern Railway right-of-way until it intersects with the centerline of North Fourth Street, which is the POINT OF BEGINNING . Said District being shown and delineated on a certain map of same prepared by Reapportionment Services Office of The Georgia General Assembly and titled Plan: Jesup3R, which is on file in City Hall, Jesup, Georgia. ELECTION DISTRICT NO. 3 Beginning at the intersection of the centerline of West Cherry Street with the centerline of the Seaboard Coastline Railroad right-of-way; running thence in a general Northwesterly direction along the centerline of West Cherry Street until it intersects with the centerline of Sunset Boulevard; running thence in a general Southwesterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of Bay Acres Road; running thence in a general Northwesterly direction along the

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centerline of Bay Acres Road until it intersects with the centerline of Beaver Dam Branch; running thence in a general Southwesterly direction along the centerline of Beaver Dam Branch until it intersects with the centerline of Millikin Bay; running thence in a general Southeasterly direction along the centerline of Millikin Bay until it intersects with the centerline of Sunset Boulevard; running thence in a general Southwesterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of South First Street; running thence in a general Northeasterly direction along the centerline of South First Street until it intersects with the centerline of Rumph Street; running thence in a general Northwesterly direction along the centerline of Rumph Street until it intersects with the centerline of South Sixth Street; running thence in a general Northeasterly direction along the centerline of South Sixth Street until it intersects with the centerline of West Orange Street; running thence in a general Southeasterly direction along the centerline of West Orange Street until it intersects with the centerline of Southwest Broad Street; running thence in a general Northeasterly direction along the centerline of Southwest Broad Street until it intersects with the centerline of West Plum Street; running thence in a general Southeasterly direction along the centerline of West Plum Street until it intersects with the centerline of Seaboard Coastline Railroad right-of-way; running thence in a general Northeasterly direction along the Seaboard Coastline Railroad right-of-way until it intersects with the centerline of West Cherry Street, which is the POINT OF BEGINNING . Said District being shown and delineated on a certain map of same prepared by Reapportionment Services Office of The Georgia General Assembly and titled Plan: Jesup3R, which is on file in City Hall, Jesup, Georgia. ELECTION DISTRICT NO. 4 Beginning at the intersection of the centerline of South First Street and the centerline of Sunset Boulevard; running thence in a general Northeasterly direction along the centerline of South First Street until it intersects with the centerline of Rumph Street; running thence in a general Northwesterly direction along the centerline of Rumph Street until it intersects with the centerline of South Sixth Street; running thence in a general Northeasterly direction along the centerline of South Sixth Street until it intersects with the centerline of West Orange Street; running thence in a genera Southeasterly direction along the centerline of West Orange Street until it intersects with the centerline of Southwest Broad Street; running thence in a general Northeasterly direction along the centerline of Southwest Broad Street until it intersects with the centerline of West Plum Street; running thence in a general Southeasterly direction along the centerline of West Plum Street until it intersects with the centerline of the Seaboard Coastline Railroad right-of-way; running thence in a general Northeasterly direction along the centerline of the Seaboard Coastline Railroad right-of-way until it intersects with the centerline of the Southern Railway right-of-way; running thence in a general Southeasterly direction along the centerline

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of the Southern Railway right-of-way until it intersects with the centerline of North Palm Street; running thence [in] a general Southwesterly direction along the centerline of North Palm Street until it intersects with the centerline of East Pine Street; running thence in a general Southeasterly direction along the centerline of East Pine Street until it intersects with the centerline of U.S. 301 Bypass; running thence in a general Southwesterly direction along the centerline of U.S. 301 Bypass until it intersects with the centerline of East Cherry Street; running thence in a general Northwesterly direction along the centerline of East Cherry Street until it intersects with the centerline of South Palm Street; running thence in a general Southwesterly direction along the centerline of South Palm Street until it intersects with the centerline of East Plum Street; running thence in a general Northwesterly direction along the centerline of East Plum Street until it intersects with the centerline of South Brunswick Street; running thence in a general Southwesterly direction along the centerline of South Brunswick Street until it intersects with the centerline of Magnolia Street; running thence in a general Northwesterly direction along the centerline of Magnolia Street until it intersects with the centerline of Southwest Broad Street; running thence in a general Southwesterly direction along the centerline of Southwest Broad Street until it intersects with the centerline of Collier Street; running thence in a general Northwesterly direction along the centerline of Collier Street until it intersects with the centerline of South Macon Street; running thence in a general Southwesterly direction along the centerline of South Macon Street until it intersects with the centerline of Brannen Street; running thence in a general Northwesterly direction along the centerline of Brannen Street until it intersects with the centerline of Colonial Way; running thence in a general Southwesterly direction along the centerline of Colonial Way until it intersects with the centerline of Village Way; running thence in a general Southeasterly direction along the centerline of Village Way until it intersects with the centerline of Forrest Drive; running thence in a general Southwesterly direction along the centerline of Forrest Drive until it intersects with the centerline of Westwood Drive; running thence in a general Southeasterly direction along the centerline of Westwood Drive until it intersects with the centerline of Oran Way; running thence in a general Southwesterly direction along the centerline of Oran Way until it intersects with the centerline of Sunset Boulevard; running thence in a general Northwesterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of South First Street, which is the POINT OF BEGINNING. Said District being shown and delineated on a certain map of same prepared by Reapportionment Services Office of The Georgia General Assembly and titled Plan: Jesup3R, which is on file in City Hall, Jesup, Georgia. ELECTION DISTRICT NO. 5 Beginning at the intersection of the centerline of Sunset Boulevard and the centerline of South Palm Street; running thence in a general Northeasterly

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direction along the centerline of South Palm Street until it intersects with the centerline of Old Waynesville Road; running thence in a general Northwesterly direction and then Northeasterly direction along the centerline of Old Waynesville Road and then South Hickory Street until it intersects with the centerline of East Plum Street; running thence in a general Southeasterly direction along the centerline of East Plum Street until it intersects with the centerline of South Palm Street; running thence in a general Northeasterly direction along the centerline of South Palm Street until it intersects with the centerline of East Cherry Street; running thence in a general Southeasterly direction along the centerline of East Cherry Street until it intersects with the centerline of U.S. Highway No. 301; running thence in a general Southwesterly direction along the centerline of U.S. Highway No. 301 until it intersects with the centerline of East Plum Street; running thence in a general Southeasterly direction along the centerline of East Plum Street until it intersects with the Southeastern City Limits line; running thence in a general Southwesterly direction along the Southeastern City Limits line until it intersects with the Southwestern City Limits line; running thence in a general Northwesterly direction along the Southwestern City Limits line until it intersects the centerline of the Seaboard Coastline Railroad right-of-way; running thence in a general Northeasterly direction along the centerline of the Seaboard Coastline Railroad right-of-way until it intersects with the centerline of Sunset Boulevard; running thence in a general Southeasterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of South Palm Street, which is the POINT OF BEGINNING. Said District being shown and delineated on a certain map of same prepared by Reapportionment Services Office of The Georgia General Assembly and titled Plan: Jesup3R, which is on file in City Hall, Jesup, Georgia. ELECTION DISTRICT NO. 6 Beginning at the intersection of the centerline of South Hickory Street with the centerline of East Plum Street; running thence in a general Northwesterly direction along the centerline of East Plum Street until it intersects with the centerline of South Brunswick Street; running thence in a general Southwesterly direction along the centerline of South Brunswick Street until it intersects with the centerline of Magnolia Street; running thence in a general Northwesterly direction along the centerline of Magnolia Street until it intersects with the centerline of Southwest Broad Street; running thence in a general Southwesterly direction along the centerline of Southwest Broad Street until it intersects with the centerline of Collier Street; running thence in a general Northwesterly direction along the centerline of Collier Street until it intersects with the centerline of South Macon Street; running thence in a general Southwesterly direction along the centerline of South Macon Street until it intersects with the centerline of Brannen Street; running thence in a general Northwesterly direction along the centerline of Brannen Street until it intersects with the centerline of Colonial Way; running thence in a general Southwesterly

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direction along the centerline of Colonial Way until it intersects with the centerline of Village Way; running thence in a general Southeasterly direction along the centerline of Village Way until it intersects with the centerline of Forrest Drive; running thence in a general Southwesterly direction along the centerline of Forrest Drive until it intersects with the centerline of Westwood Drive; running thence in a general Southeasterly direction along the centerline of Westwood Drive until it intersects with the centerline of Oran Way; running thence in a general Southwesterly direction along the centerline of Oran Way until it intersects with the centerline of Sunset Boulevard; running thence in a general Northwesterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of Millikin Bay; running thence in a general Southwesterly direction along the centerline of Millikin Bay until it intersects with the Northwestern City Limits line; running thence in a general Southwesterly direction along the Northwestern City Limits line until it intersects with the Southwestern City Limits line; running thence in a general Southeasterly direction, then Southwesterly direction, then Southeasterly direction again, then Northeasterly direction, then Southeasterly direction again, then Southwesterly direction again, and then Southeasterly direction again along the Southwestern City Limits line until it intersects with the centerline of the Seaboard Coastline Railroad right-of-way; running thence in a general Northeasterly direction along the centerline of the Seaboard Coastline Railroad right-of-way until it intersects with the centerline of Sunset Boulevard; running thence in a general Southeasterly direction along the centerline of Sunset Boulevard until it intersects with the centerline of South Palm Street; running thence in a general Northeasterly direction along the centerline of South Palm Street until it intersects with the centerline of Old Waynesville Road; running thence in a general Northwesterly direction and then Northeasterly direction along the centerline of Old Waynesville Road and then South Hickory Street until it intersects with the centerline of East Plum Street, which is the POINT OF BEGINNING. Said District being shown and delineated on a certain map of same prepared by Reapportionment Services Office of The Georgia General Assembly and titled Plan: Jesup3R, which is on file in City Hall, Jesup, Georgia. Section 2: All laws or parts of law in conflict with this Act are hereby repealed. SO ORDAINED, this 15th day of March , 1994. Jerry McDaniel MAYOR James Nichols, Sr. COMMISSIONER James Copeland COMMISSIONER
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Morris Melvin COMMISSIONER Fay Jackson COMMISSIONER ATTEST: Rose M. Marcus CITY CLERK CERTIFICATION This is to certify that this is a true and correct copy of the foregoing Ordinance to Amend the Charter of the City of Jesup Approved December 16, 1937, dated March 15, 1994, which first reading of said Ordinance was March, 1, 1994, and the second reading was March 15, 1994. This 12th day of April, 1994. CITY OF JESUP Onda C. Woodward City Clerk STATE OF GEORGIA COUNTY OF WAYNE PUBLISHER'S AFFIDAVIT PERSONALLY APPEARED, before the undersigned attesting officer duly authorized to administer oaths, J. H. Sanders, who first being duly sworn on oath, deposes and says that he is the Publisher of The Press Sentinel, the official organ of Wayne County, Georgia, and that Notice attached below has been published in said paper on February 2, 9, and 16, 1994. This 17th day of March, 1994. J. H. Sanders, Publisher Sworn to and subscribed before me, this 17th day of March , 1994. Wanda B. Jones Notary Public, Wayne County, Georgia My Commission Expires: 11-7-97 (Seal) NOTICE OF CHARTER AMENDMENT Notice is hereby given that there will be introduced at the regular meeting of the Board of Commissioners for the City of Jesup on March 1, 1994, and March 15, 1994, an Ordinance to amend the Charter of the City of Jesup so as to provide new election districts for election to the Board of Commissioners of the City. A copy of the proposed Amendment to the Charter is on file in the Office of the Clerk of the City of Jesup in City Hall,

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Jesup, Georgia, and in the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public. This 27th day of January, 1994. s-Onda C. Woodard City Clerk Feb. 2, 9, 16, 1994; No. 489 Filed in the Office of the Secretary of State April 14, 1994. TOWN OF NEWBORN CHAINGANGS; LIQUOR; ITINERANTS; CABLE TELEVISION. AN ORDINANCE To revise and amend the August 16, 1913 Charter for the Town of Newborn pursuant to the Home Rule Powers vested in the Newborn City Council pursuant to O.C.G.A. 36-35-3. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF NEWBORN: Section One: The August 16, 1913 Charter for the Town of Newborn is amended by striking Section 17 of said Charter, relating to Chaingangs, in its entirety. Section Two: The August 16, 1913 Charter for the Town of Newborn is further amended by striking Section 21 of said Charter, relating to Keeping Intoxicating Liquors for Sale Prohibited, in its entirety. Section Three: The August 16, 1913 Charter for the Town of Newborn is further amended by striking the phrase to regulate and fix a license for all bands of itinerants, whether they are what is commonly known as gypsies or not, for camping within the corporate limits of said town beginning on line 16 of Section 26 of said Charter. Section Four: The August 16, 1913 Charter for the Town of Newborn is further amended by adding the phrase to regulate and control all cable television companies operated in the town, and to fix rates, hours and the requirements for the equipment and lines of said cable television companies after the semicolon in line 31 of Section 26 of said Charter. Section Five: All laws and parts of laws in conflict with this Ordinance are repealed. Section Six: This Ordinance shall take effect and shall be in force from and after the date of its final adoption. Duly adopted on the 7th day of March, 1994 and the 4th day of April, 1994. SHERIDAN DAVIS - MAYOR

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JAMES KING - COUNCIL MEMBER JOE STOUT - COUNCIL MEMBER DAN HAYES - COUNCIL MEMBER GENE DOWNS - COUNCIL MEMBER This is to certify that the above Ordinance was duly passed by a 3 to 1 vote of the City Council at its regular meeting on March 7, 1994 and by a 3 to 1 vote of the City Council at its regular meeting on April 4, 1994, that a notice containing a synopsis of the proposed amendments was published in the COVINGTON NEWS on 3/17/94, 3/24/94, and 3/31/94, that a true and correct copy thereof was on file with the City Clerk and the Clerk of the Newton County Superior Court, and that anyone so requesting in writing was provided a copy of the proposed amendment. This 2nd day of May, 1994. Richard M. Bishop City Clerk, City of Newborn AFFIDAVIT OF PUBLICATION STATE OF GEORGIA NEWTON COUNTY Personally appeared before the undersigned officer, Ron Stokes, who says under oath that he is the publisher of The Covington News, a newspaper having a general circulation and whose principal office is in said County, and that the attached legal advertisement appeared in The Covington News on the following dates: 3/17, 3/24 3/31 1994. This 6th day of May 1994 Ron Stokes PUBLISHER Sworn to and subscribed before me this 6th day of May 1994 Mary R. Pruitt NOTARY PUBLIC Notary Public, Newton County, Georgia My Commission Expires Nov. 1, 1995 Legal No. 171 March 17, 24, 31, 1994 NOTICE OF INTENT TO INTRODUCE ORDINANCE TO AMEND THE CHARTER OF THE CITY OF NEWBORN PURSUANT TO O.C.G.A. 36-35-3 Notice is given that there will be introduced at the regular April, 1994 meeting of the Newborn City Council an ordinance to amend the

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charter of the City of Newborn, approved August 16, 1913 (Ga. L. 1913, P. 1065), as amended; and for other purposes. The proposed amendments included striking Section 17 of said Charter, relating to Chaingangs, in its entirety; striking Section 21 of said Charter, relating to Keeping Intoxicating Liquors for Sale Prohibited, in its entirety; striking a phrase at Line 16 of Section 26 of said Charter, relating to gypsies; and adding a phrase at Line 31 of Section 26 of said Charter, relating to regulation of cable television companies. A copy of the proposed amendments are on file with the Clerk of the City of Newborn and with the Clerk of Superior Court of Newton County for the purpose of examination and inspection by the public. The Clerk of the City of Newborn shall furnish anyone, upon written request, a copy of the proposed amendments. Filed in the Office of the Secretary of State May 11, 1994. Filed in Clerk's Office 04-20-94 First Reading 06-07-94 Published 04-21-94 Published 04-28-94 Published 05-05-94 Passed 06-21-94 CITY OF GAINESVILLE RETIREMENT SYSTEMS. NO. HR-94-01 AN ORDINANCE AN ORDINANCE TO AMEND ARTICLE 6 ENTITLED RETIREMENT SYSTEM OF CHAPTER 3 OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA, AS AUTHORIZED BY THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND THE OFFICIAL CODE OF GEORGIA ANNOTATED 36-35-3 AND 36-35-4; BY DELETING SECTIONS 3.60 THROUGH 3.75 INCLUSIVE OF ARTICLE 6 AND SUBSTITUTING IN LIEU THEREOF SECTION 3.60 THROUGH 3.66 TO PROVIDE FOR THE CONTINUATION OF THE DEFINED BENEFIT RETIREMENT SYSTEM FOR CERTAIN ELIGIBLE EMPLOYEES OF THE CITY OF GAINESVILLE; TO PROVIDE FOR THE ADOPTION OF A DEFINED BENEFIT RETIREMENT SYSTEM FOR CERTAIN OTHER ELIGIBLE EMPLOYEES OF THE CITY OF GAINESVILLE WHO PARTICIPATE IN THE FEDERAL SOCIAL SECURITY PROGRAM, TO BE EFFECTIVE JULY 1, 1994; TO PROVIDE FOR THE CONTINUATION OF THE DEFINED CONTRIBUTION RETIREMENT SYSTEM FOR THE PARK AND RECREATION DEPARTMENT OF THE CITY OF GAINESVILLE; TO PROVIDE FOR THE CONTINUATION OF THE DEFINED CONTRIBUTION RETIREMENT SYSTEM FOR CERTAIN SUPERVISORY PERSONNEL

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AND APPOINTED OFFICIALS; TO PROVIDE FOR NONDUPLICATION OF PLAN PARTICIPATION OR SERVICE CREDIT FOR BENEFITS; TO PRESERVE RIGHTS UNDER THE DEFINED BENEFIT RETIREMENT SYSTEM CONTINUED PURSUANT TO SECTION 3.60 HEREIN; TO PROVIDE THAT THERE SHALL BE NO EFFECT ON THE CITY'S RIGHT TO SPONSOR AND MAINTAIN DEFERRED COMPENSATION PROGRAMS TO WHICH ELECTIVE CONTRIBUTIONS MAY BE MADE BY THOSE EMPLOYEES WHO PARTICIPATE HEREUNDER; TO REPEAL CONFLICTING ORDINANCES AND CHARTER LAWS; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. Article 6 entitled Retirement System is hereby amended to read as follows: Article 6. Retirement System Section 3.60. Defined Benefit Retirement System Continued Under General Powers of City . There is hereby continued a defined benefit retirement system for certain eligible employees of the City of Gainesville whom the City of Gainesville has elected to exclude from participation in the federal Social Security program. As of the effective date of this amending Ordinance, the retirement system shall be amended, documented, administered, and funded, by the City of Gainesville in accordance with and pursuant to the City's general powers as provided in O.C.G.A. 36-34-2(4). The defined benefit retirement system described herein shall be referred to as Retirement Plan A. Section 3.61. Adoption of Defined Benefit Retirement System For Certain Other Employees . There is hereby authorized a defined benefit retirement system, to be effective as of July 1, 1994, for certain eligible employees of the City of Gainesville who participate in the federal Social Security program, in order to provide these employees with benefits to supplement those benefits provided under Social Security. This retirement system shall also provide benefits for elected and appointed officials of the governing authority. This retirement system shall be amended, documented, administered, and funded by separate Ordinance of the City of Gainesville in accordance with and pursuant to the City's general powers as provided in O.C.G.A. 36-34-2(4), the City's powers pursuant to O.C.G.A. 36-35-4, and in accordance with and pursuant to the authority provided in O.C.G.A. Title 47, Chapter 5. The defined benefit retirement system described herein shall be referred to as Retirement Plan B. Section 3.62. Defined Contribution Retirement System for Park and Recreation Department . There is hereby continued the defined

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contribution retirement system established and maintained by the City of Gainesville's Park and Recreation Department for its employees, which program shall be amended, documented and administered by the Park and Recreation Department and funded by the City of Gainesville in accordance with and pursuant to the City's general powers as provided in O.C.G.A. 36-34-2(4). The defined contribution retirement system described herein shall be referred to as Retirement Plan C. Section 3.63. Defined Contribution Retirement System for Certain Supervisory Personnel and Appointed Officials . There is hereby continued the defined contribution retirement system established and maintained by the City of Gainesville under its general powers for certain of its supervisory personnel and appointed officials, which program shall be amended, documented, administered and funded by the City of Gainesville in accordance with and pursuant to the City's general powers as provided in O.C.G.A. 36-34-2(4) and pursuant to O.C.G.A. 36-35-4. The defined contribution retirement system described herein shall be referred to as Retirement Plan D. Section 3.64. Nonduplication of Plan Participation or Service Credit for Benefits . An employee of the City of Gainesville or the City of Gainesville Park and Recreation Department shall not be entitled to receive credit for any identical periods of service, for benefit purposes, under more than one retirement system. An employee shall not be entitled to participate simultaneously in more than one retirement system. Section 3.65. Rights Under Retirement Plan A Preserved . The provisions of Retirement Plan A were previously set forth in the Charter of the City of Gainesville. The terms, conditions, exclusions and limitations applicable to Retirement Plan A, from and after the date of this amending Ordinance, shall be set forth in a separate written Ordinance which preserves all substantive rights and benefits of participants of Retirement Plan A which have accrued prior to the effective date of this amending Ordinance. Section 3.66. Effect on Deferred Compensation Programs . Nothing herein shall effect the rights of the City of Gainesville to sponsor or maintain deferred compensation programs to which elective contributions may be made by those employees who participate thereunder. SECTION II . The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and the Official Code of Georgia Annotated 36-35-3 and 4. SECTION III . All Ordinances and parts of Ordinances in conflict herewith are hereby repealed.

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SECTION IV . If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. SECTION V . This Ordinance is enacted as an amendment to the 1979 Charter Laws of the City of Gainesville, Georgia. SECTION VI . The effective date of this Ordinance shall be July 1, 1994. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came Vickie Thomas , who, being first duly sworn, according to law, says that she is an agent of The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place of business in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit A, attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days: Thursday, April 21, 1994 Thursday, April 28, 1994 Thursday, May 5, 1994 THE TIMES By: Linda H. Owens Title: Inside Sales Rep Sworn to and subscribed before me this 22nd day of June, 1993. Vickie Thomas Notary Public My Commission Expires: Aug. '96 (SEAL) ORDINANCE NO. HR-94-01 AN ORDINANCE to amend Article 6 entitled RETIREMENT SYSTEM of Chapter 3 of the Charter of the City of Gainesville, Georgia, as authorized by the Charter of the City of Gainesville, Georgia and the Official Code of

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Georgia Annotated 36-35-3 and 36-35-4; by deleting Sections 3.60 through 3.75 inclusive of Article 6 and substituting in lieu thereof Sections 3.60 through 3.66 to provide for the continuation of the defined benefit retirement system for certain eligible employees of the City of Gainesville; to provide for the adoption of a defined benefit retirement system for certain other eligible employees of the City of Gainesville who participate in the federal social security program, to be effective July 1, 1994; to provide for the continuation of the defined contribution retirement system for the park and recreation department of the City of Gainesville; to provide for the continuation of the defined contribution retirement system for certain supervisory personnel and appointed officials; to provide for nonduplication of plan participation or service credit for benefits; to preserve rights under the defined benefit retirement system continued pursuant to Section 3.60 herein; to provide that there shall be no effect on the City's right to sponsor and maintain deferred compensation programs to which elective contributions may be made by those employees who participate hereunder; to repeal conflicting ordinances and charter laws; to provide for severability; to provide for codification; to provide for an effective date; and for other purposes. #306001 4/21,28 5/5 Filed in the Office of the Secretary of State June 23, 1994. TOWN OF TYRONE FRANCHISE AGREEMENTS; TERMS. ORDINANCE NO. 266 AN ORDINANCE TO AMEND THE CHARTER OF THE TOWN OF TYRONE, AS AMENDED, ARTICLE VII, MUNICIPAL SERVICES AND REGULATORY FUNCTIONS, SECTION 7.107, FRANCHISES; TO LENGTHEN THE PERMITTED DURATION FOR FRANCHISE AGREEMENT; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES STATE OF GEORGIA TOWN OF TYRONE BE IT AND IT IS HEREBY ORDAINED by Mayor and Council of the Town of Tyrone and by the authority of the same that the Charter of the Town of Tyrone is hereby amended by striking Section 7.107, Franchises, in its entirety and inserting in lieu thereof the following: Section 7.107 Franchises The Council shall have the authority to exercise control over the use of streets of the Town of Tyrone. The power is hereby conferred upon the Council to grant franchises for the use of said Town streets and alleys,

Page 4597

for the purposes of railroads, street railways, telephone and cable companies, electric companies, gas companies and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, in the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of thirty (30) years and no franchise shall be granted unless the Town receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the Town Clerk and the registration book to be kept by him or her. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SO ORDAINED, this 1st day of June, 1994. MAYOR AND COUNCIL TOWN OF TYRONE By: NORMAN E. DAVIS, MAYOR ATTEST: VALERIE C. FOWLER, TOWN CLERK (SEAL) AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FAYETTE PERSONALLY appeared before the undersigned Gary L. Cornwell who on oath says that he is General Manager of the FAYETTE COUNTY NEWS, and that the display advertisement was published in said newspaper on the following date(s). Charter Amendment for Town Of Tyrone April 29, May 6, May 11, 1994. Gary L. Cornwell FAYETTE NEWSPAPERS, INC. Sworn to and subscribed before me this 6th day of June, 1994. Melissa Lynn Woldrop Notary Public Notary Public, Fayette County, Georgia My Commission Expires April 12, 1998 NOTICE OF TOWN OF TYRONE CHARTER AMENDMENT A public hearing will be held on the amendment to the Town of Tyrone Charter, Section 7.107, for the purpose of permitting the Town to enter into franchise agreements for periods of up to thirty years. All interested persons are hereby notified to be present and express their views at such hearings, which will be held by the Town of

Page 4598

Tyrone Town Council at their meetings on May 18, 1994 and June 1, 1994, in the Town Hall, located at 945 Senoia Road beginning at 7:30 PM. In addition, the proposed amendment is currently on file with the Town Clerk at Town Hall and the Clerk of the Superior Court of Fayette County. This notice is given in accordance with O.C.G.A. Section 36-35-3. VALERIE C. FOWLER TOWN CLERK Filed in the Office of the Secretary of State June 24, 1994. CITY OF HAPEVILLE PURCHASING. ORDINANCE NO. 94-16 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF HAPEVILLE, AS AMENDED, PURSUANT TO THE POWER OF HOME RULE AS GRANTED TO THE CITY BY THE STATE OF GEORGIA; SO AS TO AMEND CHAPTER IV, PURCHASING, CONTRACTING AND DISPOSITION OF PROPERTY; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF HAPEVILLE BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville, and by the authority of the same, and as pursuant to Article O.C.G.A. 36-35-3, (b)(1) , hereby amends the Charter of the City of Hapeville as follows: By striking 5-402 in its entirety and inserting in lieu thereof the following: Section 5-402 Purchasing Procedures The Mayor and Council shall prescribe by ordinance the procedures for all purchases of services and real and personal property by the City. SO ORDAINED, this 2nd day of August, 1994. CITY OF HAPEVILLE MAYOR COUNCIL By: C. C. Martin, Mayor ATTEST: Richard L. Bray City Administrator APPROVED AS TO FORM: Steven M. Fincher City Attorney

Page 4599

I hereby certify that Ordinance 94-16 and Ordinance 94-17 were read for the first time at the July 5, 1994 meeting of the City of Hapeville Council. Richard L. Bray 8/4/94 City Administrator I hereby certify that Ordinance 94-16 and Ordinance 94-17 were read for the second time and approved at the August 2, 1994 meeting of the City of Hapeville Council. Richard L. Bray 8/4/94 City Administrator PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS , who, being duly sworn, according to law, says that he is an agent of the American Lawyer Media, L. P. publishers of the Daily Report , the official newspaper published at Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 06/24/94 07/01/94 07/08/94 Earl Higgins Agent of the Daily Report Subscribed and sworn to before me this July 8, 1994. Scott Higgins Notary Public Scott Higgins, Notary Public, Clayton County, Georgia NOTICE The City of Hapeville has proposed to amend its Charter by Home Rule, pursuant to O.C.G.A. 36-35-3, so as to amend and revise the procedures relating to the purchasing, contracting and disposition of property of the City of Hapeville. A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public. The proposed amendment will be voted on at the regular meetings of July 5, and August 2, 1994. GLAZE, GLAZE FINCHER, P.C. Attorneys at Law 120 N. McDonough Street Jonesboro, Georgia 30236-3675 7/8-2o

Page 4600

Filed in the Office of the Secretary of State August 5, 1994. CITY OF HAPEVILLE MERIT SYSTEM; APPEALS. ORDINANCE NO. 94-17 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF HAPEVILLE, AS AMENDED, PURSUANT TO THE AUTHORITY GRANTED TO THE CITY OF HAPEVILLE BY HOME RULE, CHAPTER III, PERSONNEL, SO AS TO AMEND AND REVISE THE PROCEDURES RELATING TO THE MERIT SYSTEM OF THE CITY OF HAPEVILLE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. STATE OF GEORGIA CITY OF HAPEVILLE BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville, and by the authority of the same, pursuant to the authority granted to the City in O.C.G.A. 36-35-3, (b)(1) , that the Charter of the City of Hapeville, as amended, is hereby further amended by: 1. By adding a new subsection to 4-302 to read and be codified as follows: 4-302(c)(4) (c)(4) Hear the appeal of any officer or employee when the right of appeal is given by the effectuating ordinance enacted pursuant to the authority of this Chapter. 2. By striking 4-303 in its entirety. SO ORDAINED, this 2nd day of August, 1994. CITY OF HAPEVILLE MAYOR COUNCIL By: C. C. Martin, Mayor ATTEST: Richard L. Bray City Administrator APPROVED AS TO FORM: Steven M. Fincher City Attorney I hereby certify that Ordinance 94-16 and Ordinance 94-17 were read for the first time at the July 5, 1994 meeting of the City of Hapeville Council. Richard L. Bray 8/4/94 City Administrator

Page 4601

I hereby certify that Ordinance 94-16 and Ordinance 94-17 were read for the second time and approved at the August 2, 1994 meeting of the City of Hapeville Council. Richard L. Bray 8/4/94 City Administrator PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF FULTON Before me, the undersigned, a Notary Public, this day personally came EARL HIGGINS , who, being duly sworn, according to law, says that he is an Agent of the American Lawyer Media, L. P. publishers of the Daily Report , the official newspaper published at Atlanta, Ga, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 06/24/94 07/01/94 07/08/94 Earl Higgins Agent of the Daily Report Subscribed and sworn to before me this July 8, 1994. Scott Higgins Notary Public Scott Higgins, Notary Public, Clayton County, Georgia NOTICE The City of Hapeville has proposed to amend its Charter by Home Rule, pursuant to O.C.G.A. 36-35-3, so as to amend and revise the procedures relating to the Merit System of the City of Hapeville. A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public. The proposed amendment will be voted on at the regular meetings of July 5 and August 2, 1994. 6/24-3o Filled in the Office of the Secretary of State August 5, 1994. CITY OF TYBEE ISLAND EASEMENTS AND PROPERTY RIGHTS. PROPOSED CHARTER AMENDMENT An Amendment to add Section 66(ss) of the Charter of the City of Tybee Island, Georgia to provide as follows:

Page 4602

(ss) Grant easements and rights of way, sell, transfer, lease and otherwise dispose of property rights over public streets, lanes, alleys, sidewalks, and other properties of the City on such terms and conditions and for such lengths of time as the Council of the City may deem proper; provided, that such transfers may not be granted without the written consent of the owners on either side of the streets, lanes, alleys and sidewalks, and further provided, that such transfers may not be granted without fair and adequate compensation being paid to the City for the transfer and further provided such transfers may only be made in areas of the City zoned C-1. CITY OF TYBEE ISLAND BY: James Patrick Locklear MAYOR ATTEST: (Jacquelyn R. Brown) CLERK OF COUNCIL 1st Reading: June 9, 1994 2nd Reading/Final Adoption: July 14, 1994 STATE OF GEORGIA CHATHAM COUNTY Affidavit of Publication Savannah Morning News Savannah Evening Press Personally appeared before me, Yvonne James, to me known, who being sworn, deposes and says: That he is the Legal Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; 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 was reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on 6 -14, 1994, 6 -21, 1994, 6 -28, 1994, and finds that the following Advertisement, to-wit: 107562 appeared in each of said editions. PO #9406-0026 Yvonne James (Deponent)
Page 4603

Sworn to and subscribed before me this 30th day of June, 1994. Lillie Dale Lang Notary Public, Chatham County, Georgia My Commission Expires Apr. 14, 1997 PO #9406-0026 Proposed Publication Notice is given that a proposed Amendment to the Charter of the City of Tybee Island, Ga. is on file in the office of the clerk of Council of the City of Tybee Island, Ga. and in the office of the clerk of Superior Court of Chatham County for the purpose of examination and inspection by the public and the clerk of Council and the City of Tybee Island, will furnish anyone, upon written request, a copy of the proposed Amendment. The Amendment will be considered for adoption at meetings of the Mayor and Council of the City of Tybee Island, Ga. on the 9th day of June, 1994, and for final adoption on the 14th day of July, 1994. The Amendment would permit the governing authority of the City of Tybee Island, Ga. to grant easements and rights of way, to sell, transfer, lease and dispose of property rights over public streets, lanes, alley, sidewalks and other properties of the City on such terms and conditions, and for such lengths of time as the Council of the City may deem proper provided that such transfers may not be granted without the written consent of the owners on either side of the streets, lanes, alleys and sidewalks and further provided that such transfers may be not granted without fair and adequate compensation being paid to the City of Tybee Island, Ga. for the transfer and further provided that such transfers may only be made in areas of the City zoned C -1. This 9th day of June, 1994. Jacquelyn R. Brown Clerk of Council Filed in the Office of the Secretary of State August 9, 1994. CITY OF MACON COUNCIL; DISTRICTS. AN ORDINANCE OF THE CITY OF MACON TO AMEND PART 1, ARTICLE IV, CHAPTER 1, SECTION 4-104 OF THE CHARTER OF THE CITY OF MACON, GEORGIA, AS AMENDED, (GEORGIA LAW 1977, PAGE 3776, ET SEQ.), PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965, GEORGIA LAWS 1965, PAGE 298, ET SEQ. SO AS TO DELETE SAID SECTION 4-104, ENTITLED COUNCIL DISTRICTS, ADJUSTMENTS, IN ITS ENTIRETY AND TO INSERT IN LIEU THEREOF A NEW SECTION 4-104 WITH THE SAME TITLE; SO AS TO PROVIDE FOR THE ADJUSTMENT OF COUNCIL ELECTION DISTRICTS PURSUANT TO THE OFFICIAL 1990 UNITED STATES DECENNIAL CENSUS

Page 4604

DATA; SO AS TO CREATE AN APPENDIX IV TO BE ENTITLED COUNCIL ELECTION DISTRICTS; SO AS TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED by the City of Macon and it is hereby so ordained by authority of the same as follows: Pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, page 298 et seq., as amended, O.C.G.A. Section 36-35-3 et seq.), Section 4-104 of Article IV, Chapter 1, of the Charter of the City of Macon, Georgia is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new Section 4-104 to read as follows: Article IV. Election and Removal Chapter 1. Conduct of Elections Section 4-104. Council districts, adjustments. (a) There shall be five (5) election districts for council members in the city, the boundaries of which may be shown on the official map under Section 1-105 of this Charter and an official description by federal census tracts and blocks shall be retained permanently in the office of the City Clerk and to be designated the Official Description of the Council Election Districts of the City of Macon, Georgia. (b) The council may, by ordinance, provide for the redrawing of the official map and description to reflect lawful adjustments in the districts. (c) Until such time as the boundaries of election districts are altered as provided in this section, residents of annexed territory shall be deemed to be residents of the election district closest to which they reside for purposes of city elections. (d) Subject to the limitations of state law, the council shall reapportion the council election districts from which members of the council are elected following publication of the 1990 United States decennial census or any future such census. Such reapportionment of districts shall be effective for the election of members to council at the next regular general municipal election following the publication of the decennial census. (e) The council shall reapportion the council election districts in accordance with the following specifications: (1) Each reapportioned district shall be formed of contiguous territory, and the boundary lines of said district shall be the center lines of streets or other well-defined boundaries; (2) Variation in population between such districts shall comply with the one person-one vote requirements of the United States Constitution; and

Page 4605

(3) The reapportionment shall be limited to adjusting the boundary lines of the existing districts only to the extent reasonably necessary to comply with the requirements of paragraph (2) above, and the number of members of the council and the manner of electing such members, except for the adjustment of district boundary lines, shall not be changed by the council. (f) In addition to the reapportionment following publication of the decennial census, the council shall reapportion election districts pursuant to this Section if the annexation of additional territory to the corporate boundaries of the City of Macon had the effect of denying electors residing within the newly annexed territory the right to vote for the election of members of the council on substantially the same basis that the other electors of the City of Macon vote for members of the council. The reapportionment provided for herein shall meet the criteria specified in subsection (e) of this Section and shall be further limited to making only those adjustments in district boundary lines as may be reasonably necessary to include the newly annexed territory within such districts. Reapportionment under this subsection shall be effective for the next regular general municipal election following the annexation. (g) The boundaries of the council election districts reapportioned pursuant to this Section shall be specifically described and set forth as an addendum in Appendix IV hereof. BE IT FURTHER ORDAINED that there is hereby created a new Appendix to the Charter of Macon, Georgia, to be numbered Appendix IV and entitled Council Election Districts. BE IT FURTHER ORDAINED that pursuant to Section 4-104, as specified above, the boundaries of the council election districts are hereby reapportioned according to the Official United States 1990 Decennial Census as set forth in the attached Exhibit A, Appendix IV, and as shown in the attached Exhibit B, the Official District Map, which are incorporated by this reference and hereby made a part of this Ordinance. BE IT FURTHER ORDAINED that a copy of the Official District Map and a copy of the official description by the 1990 United States Decennial Census tracts and blocks be retained in the Office of the City Clerk and be designated as the Official Description of the Council Election Districts of the City of Macon, Georgia. All ordinances or parts thereof in conflict with this provision are hereby repealed. SO ORDAINED this 16th day of August, 1994. Willie Hill President, City Council SO APPROVED this 18th day of Aug., 1994. Tommy C. Olmsted Mayor

Page 4606

SO ORDAINED this 6th day of Sept., 1994. David Carter President, City Council SO APPROVED this 4th day of Sept., 1994. Tommy C. Olmsted 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 August 16, 1994 . Witness my hand and seal of the City of Macon this August 17, 1994 . Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE August 17, 1994 RETURNED TO MAYOR'S OFFICE August 24, 1994 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 September 6, 1994. Witness my hand and seal of the City of Macon this September 7, 1994. Steven G. Durden Clerk of Council SUBMITTED TO MAYOR'S OFFICE September 7, 1994 RETURNED FROM MAYOR'S OFFICE September 15, 1994 APPENDIX IV COUNCIL ELECTION DISTRICTS (1) For the purpose of electing the fifteen council members the territory of the City of Macon shall be divided into five council districts as follows: District: 1 BIBB County VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 (Part)

Page 4607

Tract: 0117.02 Block(s): 101, 102A, 103B, 501, 502, 503, 504, 505, 506, 507A, 508A, 508B, 512A, 513, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621 VTD: 0009 EM09 (Part) Tract: 0110. Block(s): 301A, 301B, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 419, 420, 601, 602, 603, 604A, 605, 606, 607, 608, 609, 610, 611, 612 VTD: 0028 HO 05 (Part) Tract: 0110. Block(s): 317 Tract: 0119. Block(s): 201A Tract: 0120. Block(s): 101, 102, 103, 104, 105A, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125A, 209, 210, 211 VTD: 0040 VINEVILLE 07 (Part) Tract: 0102. Block(s): 115, 204, 205, 207, 208, 209, 210, 211, 212, 214, 215, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0103. Block(s): 202, 203 VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 104, 105, 106, 111, 112, 113, 115, 201B, 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, 318, 319 JONES County VTD: 0008 ROBERTS 4 (Part) Tract: 0301.02 Block(s): 903A, 904A, 914A, 914B, 927, 928, 929A, 930, 931, 932, 941A, 942A * District: 2 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, 405, 406, 409, 410, 413, 414

Page 4608

VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0016 GODFREY 07 (Part) Tract: 0126. Block(s): 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: 0017 GODFREY 08 (Part) Tract: 0131.01 Block(s): 502A Tract: 0131.02 Block(s): 103, 104, 106, 107, 108, 109, 110, 111, 122, 201, 202, 203, 204, 205, 206, 207, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 VTD: 0018 GODFREY 09 (Part) Tract: 0131.01 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 111A, 112, 113, 114, 115, 116, 117, 201A, 210, 211, 220A, 301, 309, 310, 311, 312, 313, 314, 315, 316, 321, 322, 323, 324, 325, 504A, 504B, 504C, 507, 508 VTD: 0019 HAZARD 05 (Part) Tract: 0132.02 Block(s): 102A, 104, 108, 109, 110, 111, 112, 201, 202 VTD: 0020 HAZARD 06 (Part) Tract: 0131.01 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 417, 418, 504D, 506 Tract: 0131.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 412, 413, 414 VTD: 0021 HAZARD 03 (Part) Tract: 0132.01 Block(s): 206A, 207A, 208A, 211A, 212A Tract: 0132.02 Block(s): 102B, 103A, 113A, 113B, 114A Tract: 0136.02 Block(s): 101, 102, 109A, 110A, 111A, 112, 113, 114A, 115A VTD: 0023 HAZARD 01 (Part) Tract: 0132.01 Block(s): 104, 105, 106, 107, 108, 110A, 115A, 118A, 119A, 120A, 121B, 122, 201A VTD: 0033 RUTLAND 02 (Part) Tract: 0130. Block(s): 273B, 275 * District: 3 BIBB County VTD: 0001 EM01 (Part)

Page 4609

Tract: 0111. Block(s): 322, 323 Tract: 0112. 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, 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 Tract: 0113. 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, 131A, 131B, 132A, 210, 211, 223, 224, 229 VTD: 0007 EM07 (Part) Tract: 0133.01 Block(s): 131, 132 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 (Part) Tract: 0115. Block(s): 114, 116, 117, 118, 119, 120, 121, 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, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 327 Tract: 0127. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 328 Tract: 0130. Block(s): 230, 231B, 232A, 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, 274A, 274B VTD: 0013 GODFREY 04 (Part) Tract: 0128. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 407, 408, 411, 412, 415 Tract: 0130. Block(s): 271, 272, 292, 293, 294, 295, 296, 297 VTD: 0033 RUTLAND 02 (Part) Tract: 0130. Block(s): 201C, 231C, 232B, 274C VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 (Part) Tract: 0103.

Page 4610

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, 127, 128, 129, 130 Tract: 0104. Block(s): 101, 103, 122, 124 Tract: 0105. Block(s): 101, 102, 103, 104, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316 Tract: 0106. Block(s): 206, 207, 213, 214, 401, 403 VTD: 0040 VINEVILLE 07 (Part) Tract: 0102. Block(s): 301, 302, 303, 305, 306 District: 4 BIBB County VTD: 0011 GODFREY 02 (Part) Tract: 0127. Block(s): 201, 202, 205, 206, 207, 208, 209, 210, 211, 212, 213, 221A, 222, 223 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 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: 0019 HAZARD 05 (Part) Tract: 0132.02 Block(s): 101, 105, 106, 107, 205, 206, 207, 208, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 (Part) Tract: 0132.01 Block(s): 101A, 102, 103, 109, 121A, 301, 302, 303, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 VTD: 0036 VINEVILLE 03 (Part) Tract: 0103. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 VTD: 0037 VINEVILLE 04 VTD: 0043 MACON 02

Page 4611

** District: 5 BIBB County VTD: 0024 HO 01 (Part) Tract: 0121. Block(s): 102A, 102B, 202, 203, 204, 205, 206, 207A, 207B, 207C, 210A, 210B, 213A, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 Tract: 0134.97 Block(s): 108A, 109, 110, 111, 112, 113, 114, 209A, 210A, 216A, 217A, 220 VTD: 0026 HO 03 (Part) Tract: 0134.98 Block(s): 246A, 249A VTD: 0027 HO 04 VTD: 0028 HO 05 (Part) Tract: 0120. Block(s): 201A, 205A, 206, 207, 208 VTD: 0029 HO 06 VTD: 0030 HO 07 (Part) Tract: 0121. Block(s): 101, 201, 301A, 301B, 302A, 303A, 304A, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 402A, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 VTD: 0031 HO 08 (Part) Tract: 0134.97 Block(s): 205A, 206A, 206B, 206C Tract: 0134.98 Block(s): 401A, 412A, 413, 414 VTD: 0038 VINEVILLE 05 (Part) Tract: 0122. Block(s): 201, 202, 203, 204, 205, 206, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 223A, 225A, 225B, 227, 228A, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239 Tract: 0124. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 201, 202, 203A, 210, 211, 213, 214, 215, 216 VTD: 0039 VINEVILLE 06 VTD: 0042 VINEVILLE 09 (Part) Tract: 0102. Block(s): 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0103. Block(s): 204 Tract: 0118. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 205, 206, 210, 211, 415, 416, 417, 419, 420, 421, 422, 423

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Tract: 0122. Block(s): 101, 102, 103, 104, 109, 110, 111, 112, 113 VTD: 0044 MACON 01 (Part) Tract: 0122. Block(s): 105A, 115, 116, 117 Tract: 0123. Block(s): 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, 501A, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521 Tract: 0124. Block(s): 112 *Also a part of Districts (Wards) 2 and 3 is that area annexed into the City of Macon by Act of the Georgia General Assembly, Act No. 1078, approved by the Governor on April 5, 1994, and precleared by the United States Department of Justice on July 1, 1994. This annexed area is partitioned and added to Districts 2 and 3 by dividing said area beginning at the corporate limit line of the City of Macon as it existed prior to said annexation at the intersection of said corporate limits and the centerline of Tuft Springs Road; thence travel in a southeasterly direction along the centerline of Tuft Springs Road to the intersection of said centerline with the western property line of the property owned by Norfolk Southern Railway, being known as the Brosnan Yard; thence angle right and travel in a southerly direction along the western property line of the said property to the intersection of said line with the northern line of Land Lot 99 Macon Reserve West; thence angle left and travel in an easterly direction along the northern line of Land Lots 99, 100, 101, 102, 103, 104, and 105 to the centerline of the Ocmulgee River. Said area north of this partitioning line shall be included in District 3 and said area south of said partitioning line shall be included in District 2. This annexed area includes all or portions of the following 1990 census VTD geographical areas. District 3 BIBB County: VTD: 0001 Tract: 0113 Block(s): 132B VTD: 0007 Tract: 0133.01 Block(s): 120,122,128,129 Districts 2 and 3 BIBB County: VTD: 0007

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Tract: 0133.01 Block(s): 130 VTD: 0033 Tract: 0130 Block(s): 276B, 277B District 2 BIBB County: VTD: 0033 Tract: 0130 Block(s): 202, 278B **Also a part of District (Ward) 5 is that area annexed into the City of Macon by Act of the Georgia General Assembly, Act No. 181 approved by the Governor on April 4, 1991 and precleared by the United States Department of Justice on July 22, 1992 and more commonly known as the Redoak Bridge area. This annexed area includes portions of the following 1990 census VTD geographical areas. BIBB County : VTD: 0028 Tract: 0120 Block(s): 201B VTD: 0026 Tract: 0134.98 Block(s): 129 (2) For the purpose of this Appendix IV: (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 Article 7 of Chapter 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 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. September 28, 1994

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I, Steven G. Durden, City Clerk, do hereby certify that the attached Ordinance #O-94-0026, to amend Part 1, Article IV, Chapter 1, Section 4-104 of the Charter of the City of Macon, Georgia, as amended, to delete said Section 4-104, entitled Council Districts, Adjustments, in its entirety and to insert in lieu thereof a new Section 4-104 with the same title so as to provide for the adjustment of Council Election Districts, is a true and correct copy of said Ordinance on file in the City Council's Office, City Hall, Macon, Georgia. Steven G. Durden City Clerk City Council's Office City Hall Macon, Georgia STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, DAVID SAWYER, WHO DEPOSES AND SAYS HE IS CHECKING CLERK FOR THE MACON TELEGRAPH 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 ON THE FOLLOWING DATES: 8/13, 20, 27 SIGNED David Sawyer THIS 27 DAY OF August, 1994 Sharon J. Jackson NOTARY PUBLIC, BIBB COUNTY, GEORGIA My Commission Expires: July 26, 1997 GEORGIA, BIBB COUNTY Public Notice This advertisement is to provide notice that the City of Macon proposes to amend Part I, Article IV, Chapter 1, Section 4-104 of the Charter of the City of Macon, Georgia, as amended, (Georgia Laws 1977, Page 3776, et seq.), in accordance with the procedure set forth in O.C.G.A. 36-35-3(b) designated as the Municipal Home Rule Act of 1965, as amended, so as to delete Section 4-104 entitled, Council Districts, Adjustments, in its entirety and to adopt in lieu thereof a new Section 4-104 with the same title; so as to provide for the adjustment of Council Election Districts pursuant to the Official 1990 United States Decennial Census data; and so as to create an Appendix IV to be entitled, Council Election Districts. 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. JOAN W. HARRIS
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CITY ATTORNEY CITY OF MACON 8/13, 20, 27 13113(38086) Filed in the Office of the Secretary of State October 1, 1994. CITY OF GAINESVILLE CITY MANAGER; PERSONNEL MERIT SYSTEM; DIRECTOR OF HUMAN RESOURCES DEPARTMENT. HR 94-02 AN ORDINANCE AN ORDINANCE TO AMEND ARTICLE V ENTITLED CIVIL SERVICE SYSTEM OF THE CHARTER LAWS OF THE CITY OF GAINESVILLE, GEORGIA; TO AMEND SECTION 3.50, TO ESTABLISH GENERAL PROVISIONS REGARDING CREATION OF DEPARTMENTS, AND DIRECTION BY CITY MANAGER; TO AMEND SECTION 3.51, TO ESTABLISH A PERSONNEL SYSTEM AND DEFINE MERIT PRINCIPLES AND MERIT SYSTEMS; TO AMEND SECTION 3.52, TO ELIMINATE THE WORDS CIVIL SERVICE SYSTEM AND INSERT IN LIEU THEREOF THE WORDS PERSONNEL MERIT SYSTEM AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF BOARD MEMBERS; TO AMEND SECTION 3.53, TO ENUMERATE THE DUTIES AND POWERS OF THE PERSONNEL BOARD; TO AMEND SECTION 3.54, TO PROVIDE FOR APPEALS FROM DECISIONS OF THE PERSONNEL BOARD; TO AMEND SECTION 3.55, TO PROVIDE THAT THE CITY MANAGER SHALL BE IN CHARGE OF EMPLOYEES; TO AMEND SECTION 3.56, TO PROVIDE THAT THE DIRECTOR OF THE HUMAN RESOURCES DEPARTMENT SHALL BE THE ADMINISTRATIVE OFFICER OF THE PERSONNEL BOARD; TO AMEND SECTION 3.57, TO ESTABLISH EMPLOYEE CLASSIFICATION; TO AMEND SECTION 3.58, TO PROVIDE THAT EMPLOYEES STATUS SHALL REMAIN AS IN EXISTENCE AT THE TIME THIS AMENDMENT BECOMES EFFECTIVE; TO AMEND SECTION 3.59 TO PROVIDE THAT ALL RULES, REGULATIONS AND STANDARDS OF THE PERSONNEL MERIT SYSTEM SHALL REMAIN IN FULL FORCE AND EFFECTIVE UNTIL REPEALED, ALTERED, MODIFIED OR REPLACED; TO PROVIDE FOR AN EFFECTIVE DATE AND TO PROVIDE FOR OTHER PURPOSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAINESVILLE, GEORGIA AS FOLLOWS: SECTION I. Section 3.50 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.50 is substituted in lieu thereof which shall read as follows:

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Section 3.50 General Provisions. (a) Creation of Departments. The city council shall establish city departments, offices or agencies and prescribe the functions of all departments, offices, and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or assigned to any other, unless this charter specifically so provides. (b) Direction and Supervision. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the city manager. (c) Manager Appointments. The city manager's appointments of department directors are subject to confirmation by the city council. (d) Multiple Appointments. The city manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more departments with the consent of the council. Section 3.51 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.51 is substituted in lieu thereof, which shall read as follows: Section 3.51 Personnel System. (a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. (b) Merit System. The city council shall provide by ordinance for the establishment of rules and regulations and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 3.52 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.52 is substituted in lieu thereof, which shall read as follows: Section 3.52 Personnel Board composition; appointment; term; oath; resignation. (a) A personnel board for the City of Gainesville is hereby established which shall be composed of eight (8) members who, when appointed, shall be a resident of the City of Gainesville and while on the board such member shall neither hold nor be a candidate for any other

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public office or position and shall not have been an active City employee within the past five (5) years. Residency shall be determined by the member's primary residence, home telephone location, driver's license registered address, voter registration and similar documentation. Any member who shall cease to be a resident of the City of Gainesville shall tender his resignation to the Clerk of the City of Gainesville within thirty (30) days of moving. (b) The initial members of the personnel board shall include the current eight (8) members of the civil service board serving at the time this amendment becomes effective. (c) The appointment of members of the personnel board shall be as follows: Member (Post) No. 1 - Nominated by the City Council Member from Ward 1 subject to confirmation by the full Council for a term beginning February 22, 1993 and expiring February 21, 1996. Upon expiration of said term and upon nomination by the Council Member from Ward 1, the City Council shall make subsequent appointments for three (3) year terms. Member (Post) No. 2 - Nominated by the City Council Member from Ward 2 subject to confirmation by the full Council for a term beginning February 22, 1994 and expiring February 21, 1997. Upon expiration of said term and upon nomination by the Council Member from Ward 2, the City Council shall make subsequent appointments for three (3) year terms. Member (Post) No. 3 - Nominated by the City Council Member from Ward 3 subject to confirmation by the full Council for a term beginning February 22, 1992 and expiring February 21, 1995. Upon expiration of said term and upon nomination by the Council Member from Ward 3, the City Council shall make subsequent appointments for three (3) year terms. Member (Post) No. 4 - Nominated by the City Council Member from Ward 4 subject to confirmation by the full Council for a term beginning February 22, 1993 and expiring February 21, 1996. Upon expiration of said term and upon nomination by the City Council Member from Ward 4, the City Council shall make subsequent appointments for three (3) year terms. Member (Post) No. 5 - Nominated by the City Council Member from Ward 5 subject to confirmation by the full Council for a term beginning February 22, 1994 and expiring February 21, 1997. Upon expiration of said term and upon nomination by the Council Member from Ward 5, the City Council shall make subsequent appointments for three (3) year terms.

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Member (Post) No. 6 - Nominated and elected by secret ballot by classified employees of the City of Gainesville Public Utilities and Public Works Departments for a term beginning February 22, 1992 and expiring February 21, 1995. Upon expiration of said term, the classified employees of the City of Gainesville Public Utilities and Public Works Departments shall nominate and elect by secret ballot subsequent members to this post for three (3) year terms. The Clerk of the City Council shall administer the election of this position. Member (Post) No. 7 - Nominated and elected by secret ballot by classified employees of the City of Gainesville Police and Fire Departments for a term beginning February 22, 1994 and expiring February 21, 1996. Upon expiration of said term, the classified employees of the City of Gainesville Police and Fire Departments shall nominate and elect by secret ballot subsequent members of this post for three (3) year terms. The Clerk of the City Council shall administer the election of this position. Member (Post) No. 8 - Nominated and elected by secret ballot by classified employees of the City of Gainesville general services (which includes all other departments of the City) for a term beginning February 22, 1994 and expiring February 21, 1997. Upon expiration of said term, the classified employees of the City of Gainesville general services shall nominate and elect by secret ballot subsequent members to this position for three (3) year terms. The Clerk of the City Council shall administer the election of this position. (d) Each member of the personnel board before entering upon the duties of the office shall take and subscribe to an oath or affirmation as follows: I do solemnly swear (or affirm) that as a member of the Gainesville Personnel Board I will, to the best of my ability, carry out the provisions of the Charter of the City of Gainesville and the Act of the General Assembly creating said board; that in the performance of my duties I will not allow personal, family or political considerations to influence my vote or actions, but will to the best of my ability adopt fair and reasonable rules and regulations governing the employees of the City of Gainesville, and fairly and impartially administer said rules and regulations. So help me God. (e) No member of the personnel board of the City of Gainesville shall serve more than two (2) consecutive terms plus an unexpired term of one (1) year or less, unless one year shall have passed since the member last served on the board. (f) Any member of the personnel board who fails to attend four (4) regularly scheduled meetings within any twelve (12) month period shall be considered as having resigned from the board due to the

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member's non-attendance. Upon request the City Council may review the reasons for such member's non-attendance to determine if there were extenuating circumstances sufficient to allow the member to continue to serve as a member of the board. SECTION II. Section 3.53 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.53 is substituted in lieu thereof, which shall read as follows: Section 3.53. Duties and powers of board enumerated. The personnel board shall: (a) Hold all meetings at such time as shall be designated by board chairman and after reasonable notice to all board members; (b) Annually elect a chairman and vice-chairman. The chairman shall preside at each meeting or hearing, or in his absence his duties may be performed by the vice-chairman. Five (5) members of the board shall constitute a quorum for a meeting or hearing and the affirmative votes of a majority of attending board members shall be required for official action or of the decision by the board; (c) The Human Resources director of the City of Gainesville shall serve as secretary of the board and shall prepare all minutes of meetings which shall be approved by the board. The Human Resources director is the officer responsible for making arrangements, providing notice of the time and place for meeting, is the custodian of records and certifies the authenticity of documents. Meetings of the board and hearings before the board shall be public, but the board may go into executive session for the purpose of discussing any matter or issue before the board; (d) Adopt written internal policies and procedures to govern the operation of the personnel board including the conduct of hearings. The edition of the policies and procedures that are currently adopted and in force as filed in the office of the Clerk of the city council are hereby adopted and made a part for this section, and any future amendment to the personnel policies and procedures manual shall be adopted by resolution of the city council and by filing the amendment in the office of the clerk of the city council; (e) Establish procedures and criteria for matters which should be heard and may be referred to the board by the Human Resources director, an employee or citizen(s); (f) Have the authority to appoint an attorney who may serve as moderator and to provide legal counsel to the board at hearings; (g) Hold hearings when properly requested by an employee regarding adverse action as provided by ordinance including; dismissal,

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demotion, suspension, or other such action as determined by the board. All testimony before the Board shall be rendered under oath or affirmation, by oral testimony, depositions, or interrogatories, and with the right of cross-examination. All decisions of the Board shall be entered in the Minutes of the Board which shall be open to inspection by the public during regular office hours; (h) In reviewing cases, the board shall be guided by the following criteria to determine if the City has: (1) ensured substantial compliance with sound management principles, consistent with the rules and regulations; (2) verified that there is preponderance of evidence supporting the finding of facts and judgment; (3) taken action that is reasonable and relative to the severity of the offense. (i) Make investigations requested by the Mayor or the Council; (j) Review, and in its discretion, recommend amendments to rules and regulations submitted thereto by the Human Resources director; (k) Recommend improvements in the Merit System to the Council; (l) Have the same and like right, power and authority to compel the presence and attendance of witnesses by subpoena, attachment or arrest, and to punish for contempt, and to enforce its decisions as is afforded the Judge of the Municipal Court of Gainesville in all matters before such Judge. All subpoenas, attachments and decisions shall be issued by the secretary of the Board, shall bear teste in the name of the chairman or vice-chairman of the Board, and be in writing or print. SECTION III. Section 3.54 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.54 substituted in lieu thereof, which shall read as follows: Section 3.54. Appeals from decisions of personnel board. Any employee or the City Manager, if dissatisfied with a decision of the personnel board shall have and is hereby given the right to make application within thirty (30) days to the superior court of Hall County for the issuance of the writ of certiorari to review the judgment or decision of the personnel board. In the event no appeal is filed within thirty (30) days the same shall be forever barred. In case an application for the issuance of the writ of certiorari is sanctioned, such writ shall be directed to the chairman or vice-chairman of the personnel board (naming him/her) who shall cause all papers and all evidence before the board to be transmitted

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to the superior court in accordance with such writ, together with a certified copy of the minutes containing the decisions complained of. The secretary to the board may transmit documents when property directed by the chairman or vice-chairman. SECTION IV. Section 3.55 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.55 is substituted in lieu thereof, which shall read as follows: Section 3.55. City Manager in charge of employees; duties. The City Manager shall be the executive officer of the City in charge of all City employees under the merit system, which includes all employees in the classified and non-classified service. These duties with respect to the merit system shall include, but shall not be limited to, the following: (a) Responsibility for the efficient operation of all departments of the City and the personnel thereof; (b) The authority to employ or discharge persons appointed to classified and non-classified positions which report directly or indirectly to the City Manager; (c) The authority to employ persons to jobs in the classified and nonclassified service of the City according to authorized positions and job classifications. Such authorized positions, to be effective, shall be first approved and budgeted by the City Council. Amendments to the authorized positions shall be approved by the City Council; (d) The authority to employ, promote, reclassify, discharge, demote, and suspend personnel in the classified and nonclassified service of the City, but all such demotions, suspensions, and discharges shall be subject to appeal de novo to the personnel board in the manner herein provided, prior to becoming final; (e) Prepare and maintain a compensation system for all employees in the service of the City according to authorized position and job classifications. Such compensation system, to become effective, shall first be approved by the City Council, and all amendments to the rules of such compensation system shall be approved by the City Council before becoming effective. SECTION V. Section 3.56 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.56 is substituted in lieu thereof, which shall read as follows: Section 3.56. Administrative Officer of the Personnel Board.

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The Director of the Human Resources Department shall serve as administrative officer of and secretary to the Board, and attend all meetings of the Board, shall be responsible for planning in connection with and the general administration of the merit system. Other duties include but are not limited to the following: (1) Plans, organizes, and directs the Human Resources Department including managing a comprehensive personnel management program for the City of Gainesville ensuring compliance with federal, state, and local laws and regulations including rules and regulations of the Personnel Board; (2) Recommends personnel policy and interprets policy in unusual circumstances, audits transactions for compliance with policy, and remains updated on all laws and regulations pertaining to personnel administration; (3) Reviews and advises regarding disciplinary actions, reviews all grievances and appeals, and prepares appeals of classified employees appealable to the Personnel Board; (4) Interviews and makes hiring recommendations, coordinates, controls, and expedites personnel transactions between various departments and the City Manager; (5) Receives, reviews, and approves recommended promotional appointments and recommends candidates for departmental head positions to the City Manager; (6) Develops new and revised job descriptions, specifications, job announcements, and recruiting and selection of qualified candidates for vacant positions; (7) Directs or participates in classification and compensation studies involving position audits, allocation of positions to classes, writing classification specifications, conducting compensation surveys and prepares charts of organization and reports reflecting classification and salary recommendations; (8) Administers the employee work performance rating programs in accordance with established policies and procedures. SECTION VI. Section 3.57 of the Charter of the City of Gainesville, Georgia is deleted in its entirety and a new section 3.57 is substituted in lieu thereof, which shall read as follows: Section 3.57. Employee Classifications Established. The general employee classifications in the City of Gainesville shall be as follows:

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(1) Council Appointments: The appointed service which shall include the City Manager, the City Attorney, the Municipal Court Judge, the Solicitor and all personnel appointed by the City Council pursuant to the City Charter except employees in the classified service appointed as provided in this act. (2) Appointed Officials: Appointments by the City Manager. These are at will employees, such as department directors and other designated employees. (3) Classified Appointment: Regular full-time employees covered by the provisions of the merit system. (4) Nonclassified Service: Includes all part-time or temporary employees as designated by the City Manager. SECTION VII. To add Section 3.58 to the Charter of the City of Gainesville, Georgia which shall read as follows: Section 3.58. Employee status on effective date of act. The rights, status, salaries, wages, rank and conditions of employment of all employees of the City of Gainesville subject to this act shall be and remain as they existed at the time this act becomes effective and shall so remain until and unless changed or terminated under some provision of this act. SECTION VIII. Section 3.59 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows: Section 3.59. Rules and regulations to remain in effect. All rules, regulations and standards of the personnel board effective as of the passage of this act shall remain in full force and effect until repealed, altered, modified or replaced in accordance with Section 3.51 (b). SECTION IX. The passage of this Ordinance is authorized by the Charter of the City of Gainesville, Georgia and Official Code of Georgia 36-35-4. SECTION X. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION XI. If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or

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impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. SECTION XII. This Ordinance is enacted as an Amendment to the 1979 Charter Laws of the City of Gainesville, Georgia. SECTION XIII. The effective date of this Ordinance shall be upon approval by the City Council of the City of Gainesville, Georgia. PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF HALL Before me, the undersigned, a Notary Public, this day came Denise Greene , who, being first duly sworn, according to law, says that she is an agent of The Times, the official newspaper in which the Sheriff's advertisements in and for the City of Gainesville and the County of Hall are published, and a newspaper of general circulation, with its principal place of business in said County, and that the attached copy of the notice that the Charter Laws of the City of Gainesville, Georgia are to be amended as provided in Exhibit A, attached hereto and by reference made a part hereof, was published once a week for three (3) weeks on the following days: September 15, 1994 September 22, 1994 September 29, 1994 THE TIMES By: Denise Greene Title: Advertising Representative Sworn to and subscribed before me this 12th day of October, 1994 Diana M. Matovina Notary Public Notary Public, Hall County, Georgia My Commission Expires Feb. 22, 1998 (SEAL) PUBLIC NOTICE ORDINANCE NO. HR-94-02 AN ORDINANCE to amend Article V entitled CIVIL SERVICE SYSTEM of the Charter Laws of the CITY OF GAINESVILLE, GEORGIA; to amend Section 3.50, to establish general provisions regarding creation of departments, and direction by City Manager; to amend Section 3.51, to establish a personnel system and define merit principles and merit systems; to

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amend Section 3.52, to eliminate the words CIVIL SERVICE SYSTEM and insert in lieu thereof the words PERSONNEL MERIT SYSTEM and to provide for the appointment and terms of board members; to amend Section 3.53, to enumerate the duties and powers of the Personnel Board; to amend Section 3.54, to provide for appeals from decisions of the personnel board; to amend Section 3.55, to provide that the City Manager shall be in charge of employees, to amend Section 3.56, to provide that the Director of the Human Resources Department shall be the Administrative Officer of the Personnel Board; to amend section 3.57, to establish employee classification established; to amend Section 3.58, to provide that employees status shall remain as in existence at the time this amendment becomes effective; to amend Section 3.59 to provide that all rules, regulations and standards of the Personnel Merit System shall remain in full force and effective until repealed, altered, modified or replaced; to provide for an effective date and to provide for other purposes. #322726 9 15 22 29 Filed in the Office of the Secretary of State October 21, 1994