Local and special acts and resolutions of the General Assembly of the state of Georgia 1996 [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 19960000 English

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1996 19960000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume Two

GEORGIA LAWS 1996 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 VOLUME TWO Acts and Resolutions of Local Application 3501 Judgment Dissolving the City of Naylor 4573 County Home Rule Actions 4577 Municipal Home Rule Actions 4629 VOLUME THREE Acts by NumbersPage References I Bills and ResolutionsAct Number References VII Appellate CourtsPersonnel XV Superior CourtsPersonnel and Calendars XVI Index-Tabular XXVII Index-General LXVII Population of Georgia CountiesAlphabetically CXLIX Population of Georgia CountiesNumerically CLV Population of Municipalities CLVII Population of Judicial Circuits CLXVIII Georgia Senate Districts, Alphabetically by County CLXXI Georgia Senators, Alphabetically by Name CLXXIII Georgia Senators, Numerically by District CLXXVI Georgia House Districts, Alphabetically by County CLXXIX Georgia Representatives, Alphabetically by Name CLXXXI Georgia Representatives, Numerically by District CLXXXVIII Status of Referendum Elections CXCV Vetoes by the Governor CCCXLI State Auditor's Report on Funding of Retirement Bills CCCLI

COMPILER'S NOTE General Acts and Resolutions of the 1996 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia will be found in Volume I beginning at page 1663. 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 between September 1, 1995, and March 11, 1996, are printed in Volume II beginning at pages 4573 and 4629, respectively. There are no numbered pages between page 1673, 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 certificate of the state auditor concerning concurrent funding of Acts dealing with retirement and pensions enacted in 1996 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. When 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 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.

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CITY OF ALPHARETTA HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 510 (House Bill No. 1377). AN ACT To amend an Act providing a homestead exemption from City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, approved April 5, 1994 (Ga. L. 1994, p. 4669), so as to change a definition; to change the taxes to which the exemption applies; 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 City of Alpharetta ad valorem taxes for residents thereof who are 65 years of age or over and for other residents who are 70 years of age or over, approved April 5, 1994 (Ga. L. 1994, p. 4669), is amended by striking but not and inserting and in paragraph (1) of Section 1 thereof so that when so amended said paragraph shall read as follows: (1) `Ad valorem taxes' means all ad valorem taxes for City purposes levied by, for, or on behalf of the City of Alpharetta, and including taxes to retire bonded indebtedness. SECTION 2. Said Act is further amended by striking the first sentence in Section 7 thereof so that when so amended said section shall read as follows: SECTION 7. Certain Taxes Not Affected. The exemptions granted by this Act shall not apply to or affect county taxes for county purposes, county school board taxes for educational purposes, or state taxes. SECTION 3. The additional exemption from taxes granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Alpharetta shall call and conduct

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an election as provided in this section for the purpose of submitting this Act to the electors of the City of Alpharetta 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 Fulton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which extends the homestead exemption from City of Alpharetta ad valorem taxes for residents who are 65 years of age or over and for other residents who are 70 years of age or over to taxes levied to retire bonded indebtedness? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1, 2, and 3 of the Act shall become effective at the end of December 31, 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 Alpharetta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 5. Sections 1, 2, and 3 of this Act shall become effective as provided in Section 4 of this Act. The remainder of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act increasing the homestead exemption from City of Alpharetta ad valorem taxes for certain elderly residents thereof, approved April 5, 1994 (Ga. L. 1994, p. 4669), and for other purposes. This 6th day of January, 1996. Representative Joseph M. Burkhalter 41st District GEORGIA, FULTON COUNTY

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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 published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 10, 1996. /s/ J. Mark Burkhalter Representative, 41st District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved February 12, 1996. CITY OF LOCUST GROVE MAYOR AND COUNCIL; COMPENSATION; DUTIES; OTHER OFFICES; ETHICS. No. 515 (House Bill No. 1529). AN ACT To amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, so as to change the provisions relating to the compensation and expenses of the mayor and members of the City Council; to provide authority for assumption of administrative duties by the mayor of said City; to provide compensation to the mayor for the assumption of administrative duties; to provide compensation for members of the governing authority of the City; to change the provisions relating to prohibitions; to prohibit members of the governing authority from holding other offices with the City of Locust Grove; to provide exceptions; to prohibit the mayor and members of the City Council from voting on matters in which they have a personal interest; to prohibit certain City officials from dealing with the City; to require the resignation of a member of the City Council who qualifies for other elective office; to provide for the effective date of such resignation; to provide for the powers and duties of the mayor; to authorize the City Council to determine certain powers and duties of the Office of mayor; to change the provisions relating to the City manager; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426), as amended, is amended by striking Section

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2.15 in its entirety and inserting in lieu thereof a new Section 2.15 to read as follows: SECTION 2.15. Compensation and expenses. (a) The mayor and councilmen shall receive as compensation for services as governing body members an amount which may be determined from time to time by majority vote of the Council; provided, however, that the initial compensation of the mayor and councilmen as governing body members under this Act shall be Four Thousand Eight Hundred ($4,800.00) Dollars annually for the Office of mayor and Three Thousand ($3,000.00) Dollars annually for the Office of a member of the City Council; and provided, further, that there shall be no change, by either increase or decrease, of such governing body compensation during the term of any councilman or the mayor as a result of majority vote of the Council except as provided in Code Section 36-35-4 of the O.C.G.A. (b) In the event that the Council designates the mayor as an administrator of the City pursuant to Section 2.20 of this charter, the Council shall establish compensation for the mayor for the assumption of such administrative duties. The compensation for such administrative duties is initially established as Thirty Thousand ($30,000.00) Dollars annually if the designation is for full-time administrative support of Fifteen Thousand ($15,000.00) Dollars annually if the designation is for parttime administrative support. The mayor shall also be paid an additional sum if time is spent in excess of the minimum hours as defined in Section 2.20. The additional sum shall be determined by dividing the minimum number of hours per year into the base annual salary, with said amount being multiplied by the number of additional hours that services are performed by the mayor. Such sum shall be in addition to the mayor's salary designated for performance of governmental duties as official spokesperson for the City and chief advocate for policy as set out in subsection (a) of this section. So long as the mayor continues to serve in an administrative capacity pursuant to ordinance of the City Council, he or she shall draw such salary as provided under this subsection. Changes in such compensation shall be subject to modification by ordinance annually in December of each year for the next succeeding year. Such designation to serve in an administrative capacity with the City shall be made at the next regular meeting of the Council following the effective date of this section and on an annual basis in December of each year thereafter, it being the intent of this section that the mayor shall possess no vested right to designation as an administrator for his or her entire elected term in the event that the Council determines it would be in the best interest of the City to hire an outside administrator.

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(c) The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. SECTION 2. Said Act is further amended by striking Section 2.16 in its entirety and inserting in lieu thereof a new Section 2.16 to read as follows: SECTION 2.16. Prohibitions. (a) Holding other office. Except as authorized by law and by Section 2.20 of this charter, no member of the Council shall hold any other elective City office or City employment during the term for which he or she was elected. (b) Voting when personally interested. Neither the mayor nor any other member of the Council shall vote upon any question in which he or she is personally interested. (c) Dealing with City. No person holding office under this charter shall at any time during the term of which he or she was elected or appointed, or while in office, be capable of contracting with the City for the performance of any work or the sale of anything which is to be paid for out of the Treasury, nor shall any such person be capable of holding or having any interest in such contracts entered into by himself or herself or another, directly or indirectly. This section shall not apply to sales of personal property or services of less than Two Hundred ($200.00) Dollars per calendar quarter or sales of personal property and contracts of personal services made pursuant to sealed competitive bids made by any person holding office or employment of the City of Locust Grove, or any agency thereof either for himself or herself or on behalf of any other business entity. (d) Running for other office. Any member of the Council who desires to qualify to run for any other elective office of any kind must submit his or her resignation no later than the day on which he or she so qualifies. Such resignation shall provide by its terms that it will become effective no later than the first day of the term of the other office for which the member has qualified or will qualify. The resignation will become effective whether or not the member is elected to the other office for which he or she qualifies. If any member qualifies for another office without having submitted the required resignation, his or her office on the Council shall immediately be vacated by operation of law. SECTION 3. Said Act is further amended by striking Section 2.20 in its entirety and inserting in lieu thereof a new Section 2.20 to read as follows:

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SECTION 2.20. Powers and duties of the mayor. (a) The mayor shall be the official spokesman for the City and the chief advocate of policy. The mayor shall preside at meetings of the Council, shall sign ordinances and resolutions on their final passage, and shall sign deeds, bonds, contracts, and other instruments or documents when authorized by the Council to do so. The mayor shall perform such other duties as may be imposed by this charter or by ordinance of the Council, including but not limited to performance of full-time or part-time administrative duties governing the day-to-day operation of City government. For the purpose of this section, `part-time' administrative duties shall mean directing the day-to-day operations of City government for no less than eighty (80) hours per month. For the purpose of this section, `full-time' administrative duties shall mean directing the day-to-day operations of City government for no less than one hundred sixty (160) hours per month. Upon the effective date of this section, and in each December thereafter, the Council shall evaluate the needs of the City to determine whether it is in the City's best interest to designate the mayor to serve as the administrative head of the City government. Should the mayor die or be removed from office prior to the expiration of his or her term the Council shall make a determination as to the duties which will be imposed upon the mayor's office. Such determination shall be made prior to the first date of qualification for the election to fill the remaining unexpired term of the mayor. (b) The mayor and mayor pro tempore, while acting as mayor, shall have the right to vote on all questions before the Council when said vote is a tie. SECTION 4. Said Act is further amended by striking Section 3.20 in its entirety and inserting in lieu thereof a new Section 3.20 to read as follows: SECTION 3.20. City manager. In the event that the Council determines that a full-time administrator is necessary for City operations and determines not to designate the mayor to serve in such capacity pursuant to Section 2.20 of this charter, the Council may appoint a City manager. The duties and authorities of the City manager shall be established by ordinance of the Council, and in so doing, the Council may specifically delegate to the City manager any of the administrative or budgetary duties of the mayor. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 6. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Locust Grove, approved April 7, 1976 (Ga. L. 1976, p. 4426); as amended; and for other purposes. This 16th day of January, 1996. 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 Henry Herald, which is the official organ of Henry County, on the following date: January 19, 1996. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 26th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved February 27, 1996. DODGE COUNTY BOARD OF EDUCATION; ELECTIONS; DISTRICTS. No. 517 (House Bill No. 1720). AN ACT To provide for the election of members of the Board of Education of Dodge County; to provide for education districts; to provide for the manner of electing members; to provide for terms of office; to provide for submission of this Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) For the purpose of electing members of the Board of Education of Dodge County, the Dodge County School District shall be divided into seven education districts. Those districts shall consist of the described territory of Dodge County attached to this Act and made a part hereof and further identified as Operator: local Client: dodge Plan: dodgesb4. (b) For purposes of subsection (a) of this section: (1) The terms Tract and Block shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) Whenever the description of any 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; (3) Any part of Dodge County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (4) Any part of Dodge County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district congiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. SECTION 2. (a) One member shall be elected from each of the seven education districts provided for in subsection (a) of Section 1 and shall be elected only by the voters who are residents of that 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 and must remain in such district during his or her term of office. (b) The members of the Board of Education of Dodge County who are in office on February 1, 1996, 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 education districts 1 through 7 are designated as members representing new education districts created under subsection (a) of Section 1 as follows:

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Old Districts New Education Districts District 1 District 1 District 2 District 2 District 3 District 3 District 4 District 4 District 5 District 5 District 6 District 6 District 7 District 7 Successors to such members representing new Education Districts 2, 4, and 6 shall be elected at the November general election in 1996. Successors to such members representing new Education Districts 1, 3, 5, and 7 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. SECTION 3. Members of the Board of Education of Dodge County shall be elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A. and in accordance with any local laws enacted pursuant to the authority of such general law. SECTION 4. 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 5. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: dodge Plan: dodgesb4 District No. 1 DODGE Tract: 9601. Block: 262, 263, 264, 265, 268, 269, 270 Tract: 9602. Block: 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, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 189, 190, 191, 192, 193, 194, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 301B, 302, 303B, 304, 305, 306B, 307B, 341B, 342 Tract: 9603. Block Group: 1

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Block: 201B, 202, 203B, 204B, 242, 243, 244, 245, 402C, 403 District No. 2 DODGE Tract: 9601. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 266, 267, 271, 272, 273, 274, 275, 276 Tract: 9602. Block: 103, 104, 105, 129, 130, 131, 132, 133, 134, 135 District No. 3 DODGE Tract: 9603. Block: 407, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 431, 433, 434, 435, 436, 437, 438, 439, 440, 441, 444, 446, 447, 448, 449, 450, 451, 453, 454, 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, 490, 491, 492 Tract: 9605. Block: 223A, 223B, 226, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235A, 235B, 236A, 236B, 237A, 237B, 238, 239A, 239B, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254A, 254B, 255, 256 Tract: 9606. Block: 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118A, 118B, 119A, 119B, 120, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132A, 132B, 133A, 133B, 134, 135, 136, 137A, 137B, 138, 139, 140, 141A, 141B, 142A, 142B, 143, 144A, 144B, 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, 171A, 171B, 172, 173, 174, 175, 176, 177, 178 Block Group: 2 District No. 4 DODGE Tract: 9603. Block: 442, 443, 445, 488, 489 Tract: 9604. Block: 119, 120, 121, 122, 123, 135, 136, 137, 138, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155,

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156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 226, 243, 244, 246, 301, 302, 303, 304, 305, 306, 307, 355, 356A, 356B, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 Tract: 9605. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 224, 225 Tract: 9606. Block: 101, 102, 103, 104, 105, 106, 107, 122 District No. 5 DODGE Tract: 9602. Block: 214B, 215, 216A, 216B, 216C, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 301A, 303A, 306A, 307A, 307C, 308, 309A, 309B, 310A, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 326, 327, 328, 329, 330, 331, 332, 341A, 343 Tract: 9603. Block: 201A, 203A, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 246, 247, 248, 249, 250, 251, 252, 303, 304, 305, 306, 307, 308, 309, 310, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 401A, 402A, 402B, 524, 525, 526, 527, 528 Tract: 9604. Block: 220B, 236A, 239, 240, 314, 315, 316, 317, 318, 319 District No. 6 DODGE Tract: 9602. Block: 101, 102, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 171, 182, 183, 184, 185, 186, 187, 188, 195, 196, 197 Tract: 9603. Block: 518, 519 Tract: 9604. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 139, 141, 179, 201, 202, 203, 204,

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205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220C, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236B, 237, 238, 241A, 241B, 242A, 242B, 245, 308A, Block: 308B, 308C, 308D, 308E, 308F, 309, 310, 311, 312, 313, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 341B, 341C, 342A, 342B, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354 District No. 7 DODGE Tract: 9602. Block: 214A, 218, 219, 220, 221, 320, 321, 322, 323, 324, 325, 333, 334, 335, 336, 337, 338, 339, 340 Tract: 9603. Block: 228, 229, 230, 231, 301, 302, 311, 312, 313, 314, 315, 316, 317, 318, 319, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 401B, 404, 405, 406, 408, 424, 425, 426, 427, 428, 429, 430, 432, 452, 455, 456, 457, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 511C, 512, 513, 514, 515A, 515B, 515C, 516, 517, 520A, 520B, 520C, 520D, 520E, 521, 522, 523, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 NOTICE OF INTENTION OF INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for the election of the members of the board of education of Dodge County; to provide for terms of office to provide for education districts; and for other purposes. This 1st day of February, 1996. TERRY COLEMAN REPRESENTATIVE 142ND DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Times Journal-Spotlight, which is the official organ of Dodge County, on the following date: February 8, 1996. /s/ Terry L. Coleman Representative, 142nd District Sworn to and subscribed before me, this 14th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 6, 1996. BERRIEN COUNTY BOARD OF EDUCATION; DISTRICTS; ELECTIONS; QUALIFICATIONS; TERMS; VACANCIES. No. 523 (House Bill No. 1855). AN ACT To amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 1, 1992 (Ga. L. 1992, p. 5221), so as to change the description of the districts from which members of such board are elected; to provide for qualifications, terms, and election of such members; to provide for vacancies; to provide for certain submissions; 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 Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 1, 1992 (Ga. L. 1992, p. 5221), is amended by striking Sections 1, 2, 2.1, and 3 thereof and inserting in their place the following: SECTION 1. (a) The Board of Education of Berrien County, sometimes referred to in this Act as the board, shall continue to consist of seven members. For purposes of electing such members, the Berrien County School District is divided into seven education districts. One member of the board shall be elected from each such district by the voters voting in only such district. The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of the 1996 amendatory Act to this Act and further identified as Operator: local Client: berrien Plan: bersb95d.

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(b) When used in such attachment, the terms `Tract,' `Block,' and `Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the Berrien County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the Berrien County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) In order to be elected or appointed as a member of the board from an education district, a person must have resided in that district for at least 12 months prior to election or appointment, respectively, thereto. To be elected as a member of the board from an education district a person must receive the number of the votes cast for that office, as required by general law, in that district only and not at large. Only electors who are residents of that education district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected or appointed as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (d) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they existed on January 1, 1996, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7 respectively, but as newly described under this section, and on and after the date this subsection becomes effective in 1996, 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. Notwithstanding the provisions of subsection (c) of this section, in order to be elected as a member of the board from Education Districts 1, 3, 6, and 7 at the election in 1996, a person must have resided in that respective district, as newly described under this section, for at least ten days prior to qualifying for election thereto and must receive the number of votes cast for that office, as required by law, in that district only and not at large. SECTION 2. (a) Those members of the board who were serving on January 1, 1996, as such members from Education Districts 1, 3, 6, and 7, and any person

Page 3515

selected to fill a vacancy in such office, shall continue to serve out those respective terms of office which expire December 31, 1996, and upon the election and qualification of their respective successors. Those successors shall be elected from Education Districts 1, 3, 6, and 7, as newly described in Section 1 of this Act at the general election in 1996 and shall take office the first day of January immediately following that election for terms of office of four years each. (b) Those members of the board who were serving on January 1, 1996, as such members from Education Districts 2, 4, and 5, and any person selected to fill a vacancy in such office, shall continue to serve out their respective terms of office, which expire December 31, 1998, and upon the election and qualification of their respective successors. Those successors shall be elected from Education Districts 2, 4, and 5, as newly described in Section 1 of this Act at the general election in 1998 and shall take office the first day of January immediately following that election for terms of office of four years each. (c) Successors to members of the board who are elected thereto pursuant to subsection (a) or (b) of this section and whose terms of office expire as provided in subsection (a) or (b) of this section, and all future successors to members of the board whose terms of office are to expire shall be elected at the 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 office of four years each. Members of the board shall serve for the terms of office specified in this section and until their respective successors are elected and qualified. SECTION 3. Any vacancy in office upon the board which occurs for any reason other than expiration of term shall be filled as follows: (1) If the vacancy occurs during the final 27 months of a term of office, the remaining members of the board shall appoint a person to fill such vacancy for the remainder of the unexpired term of office; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the remaining members of the board shall appoint a person to fill such vacancy until such vacancy is filled for the unexpired term of office at a special election which shall be held on the same date as the general election which is first held following the date of the vacancy. SECTION 2. It shall be the duty of the Board of Education of Berrien 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.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: berrien Plan: bersb95d District No. 1 BERRIEN Tract: 9704. Block: 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127B, 127C, 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, 301D, 341B, 401, 402, 403, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473 Tract: 9705. Block: 101B, 102B, 133B, 160, 161, 162, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 250, 251, 252, 253, 254, 255, 256B, 257B, 258, 272B, 286, 295, 296, 297 District No. 2 BERRIEN Tract: 9703. Block: 292, 293 Tract: 9705. Block: 249, 275, 276, 279, 280, 281, 282, 283, 284, 285, 287 Tract: 9706. District No. 3 BERRIEN Tract: 9702. Block: 224, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9703. Block: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 132, 133, 134A, 134B, 134C, 135A, 135B, 135C, 136, 137, 138, 139A, 139B, 140A, 140B, 141, 142, 143, 144A, 144B, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 165, 166, 167, 168, 169, 170, 176, 177, 178, 179, 180, 209

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Tract: 9704. Block: 127A, 128, 129, 130, 201A, 201B, 202, 203A, 203B, 207, 208, 209, 215, 216, 217, 301A, 301B, 301C, 302, 303, 304, 305, 306, 308, 309, 310, 311, 312, 313, 314, 315, 326, 339, 340, 341A, 342, 343, 344, 345, 346, 347, 348 Tract: 9705. Block: 101A District No. 4 BERRIEN Tract: 9701. Block: 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, 126A, 126B, 127, 128, 129, 130, 131, 132, Block: 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 Block Group: 2 Tract: 9702. Block: 110, 182, 183, 184 Tract: 9703. Block: 101, 102, 103, 104, 105, 106, 107, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131 Tract: 9704. Block: 102, 103, 104, 105, 106, 107, 404, 405, 406, 407, 408, 409 District No. 5 BERRIEN Tract: 9702. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147A, 147B, 148, 149, 150, 151, 152A, 152B, 153A, 153B, 154, 155, 156, 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, 179A, 179B, 180, 181, 185, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 225, 226, 227, 228, 229, 230, 231, 232, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 District No. 6 BERRIEN Tract: 9703.

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Block: 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 171, 172, 173, 174, 175, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269A, 269B, 270, 271A, 271B, 271C, 271D, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285A, 285B, 285C, 285D, 286, 287, 288, 289, 290, 291 Tract: 9704. Block: 204, 205, 206, 210, 211, 212, 213, 214, 218, 219, 220, 221, 222, 223, 224, 227, 228, 232, 233, 234, 235, 236, 237, 238, 239, 244, 245, 246, 247, 248, 249, 250 Tract: 9705. Block: 112, 113, 114, 115, 116, 117, 118, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 277, 278A, 278B, 278C, 278D District No. 7 BERRIEN Tract: 9704. Block: 225, 226, 229, 230, 231, 240, 241, 242, 243, 251, 252, Block: 307, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338 Tract: 9705. Block: 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134, 135, 136, 143, 256A, 257A, 259, 260, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272A, 273A, 273B, 274, 288, 289, 290, 291, 292, 293, 294 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended; and for other purposes. This 16th day of February, 1996. Hanson R. Carter Daniel L. Studstill Moore Studstill, P.C. P.O. Box 647 Nashville, GA 31639 GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 166th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press, which is the official organ of Berrien County, on the following date: February 21, 1996. /s/ Hanson Carter Representative, 166th District Sworn to and subscribed before me, this 4th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 20, 1996. CHATHAM COUNTY RECORDER'S COURT; JUDGES; NONPARTISAN PRIMARIES AND ELECTIONS. No. 526 (House Bill No. 1411). AN ACT To provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham 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. The successors to the judges of the Recorder's Court of Chatham County whose terms of office are to expire shall be nominated and elected by the qualified voters of Chatham County in a nonpartisan primary and election which shall be conducted at the time of the state-wide primary and November general election, respectively, held immediately preceding the expiration of such terms of office. 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. Except as otherwise provided in this Act, the judges of the Recorder's Court of Chatham County shall be nominated and elected pursuant to the applicable general election laws of this state. 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 1996 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judges of the Recorder's Court of Chatham County, and for other purposes. This 15th day of January, 1996. Anne Mueller Representative 152nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anne Mueller, who, on oath, deposes and says that she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 17, 1996. /s/ Anne Mueller Representative, 152nd District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 21, 1996. CHATHAM COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; NONPARTISAN PRIMARIES AND ELECTIONS; TERMS. No. 527 (House Bill No. 1409). AN ACT To amend an Act providing for the Magistrate Court of Chatham County, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, so as to provide for the nonpartisan nomination and election of the chief magistrate and full-time magistrates of the Magistrate Court of Chatham County; to provide for terms of office; to repeal conflicting laws; and for other purposes.

Page 3521

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the Magistrate Court of Chatham County, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, is amended by adding immediately following Section 2 thereof a new section to read as follows: SECTION 2.1. Successors to the chief magistrate and full-time magistrates of the Magistrate Court of Chatham County whose terms of office are to expire, shall be nominated and elected by the qualified voters of Chatham County in a nonpartisan primary and election which shall be conducted at the time of the state-wide primary and the November general election, respectively, held immediately preceding the expiration of such terms of office. 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. Except as otherwise provided in this Act, such magistrates shall be nominated and elected pursuant to the applicable general election laws of this state. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION to introduce Local Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Chatham County, approved March 21, 1984, (Ga. L. 1984, p. 4422), as amended, and for other purposes. This 15th day of January, 1996. Anne Mueller Representative 152nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anne Mueller, who, on oath, deposes and says that she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3522

published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 17, 1996. /s/ Anne Mueller Representative, 152nd District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 21, 1996. CHATHAM COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 528 (House Bill No. 1410). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Chatham 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 Chatham County shall be nominated and elected by the qualified voters of Chatham 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. Except as otherwise provided in this Act, the judge of the probate court shall be nominated and elected pursuant to the applicable general laws of this state. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION to Introduce Local Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for the nonpartisan

Page 3523

nomination and election of the judges of the Probate Court of Chatham County, and for other purposes. This 15th day of January, 1996. Anne Mueller Representative 152nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Anne Mueller, who, on oath, deposes and says that she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: January 17, 1996. /s/ Anne Mueller Representative, 152nd District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 21, 1996. THOMAS COUNTY BOARD OF COMMISSIONERS; VACANCIES; DISTRICTS. No. 529 (House Bill No. 1775). AN ACT To amend an Act entitled An Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3605), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4698), so as to provide for the filling of vacancies on such board of commissioners; to provide new 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 entitled An Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended,

Page 3524

particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3605), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4698), is amended by striking in its entirety subsection (b) of Section 1 and inserting in lieu thereof the following: (b) Each member of the board shall be a resident of the commissioner district he or she represents. In the event a vacancy occurs in the office of any member of the board when more than six months remain before the expiration of the term of office, it shall be the duty of the superintendent of elections to issue a 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 the board when six months or less remain before the expiration of the term of office, such vacancy shall be filled by appointment of the remaining members of the board. SECTION 2. Said Act is further amended by striking the description of the eight commissioner districts in subsection (d) of Section 1 of said Act and inserting in lieu thereof the description of the eight commissioner districts attached to this Act and made a part hereof and further identified as: Operator: local Client: Thomas Plan: THOMASCC96. 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 Thomas 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. Operator: local Client: thomas Plan: thomascc96 District No. 1 THOMAS Tract: 9602. Block: 290, 291, 292, 293 Tract: 9606. Block: 310, 311, 312, 313, 314, 315, 318, 319, 320 Tract: 9607. Block: 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147, 148, 149 Block Group: 2 Block Group: 3 Block Group: 4

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Block Group: 5 Block: 605, 606, 607, 608, 609, 610 Tract: 9608. Block: 101, 102, 103, 105, 226, 227, 228, 229 District No. 2 THOMAS Tract: 9607. Block: 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 634, 635, 636, 637, 638, 639, 640, 641, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 660, 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671 Tract: 9608. Block: 104A, 104B, 104C, 104D, 104E, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130B, 131, 132, 133, 134, 136, 137B, 138, 139, 140, 141, 142, 160, 161, 162, 163, 164, 165, 166A, 166B, 166C, 167, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 404, 405, 406, 407, 408, 409, 410, 411, 417, 418, 419, 420, 421, 422, 423, 424, 425, 503, 504, 505, 506, 512A, 512B, 514A, 514B, 515, 516, 517, 518A, 518B, 519A, 519B, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529A, 529B, 530, 531, 535B, 536 Tract: 9609. Block: 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118 Tract: 9610. Block: 334, 338 District No. 3 THOMAS Tract: 9601. Tract: 9602. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225A, 225B, 226A, 226B, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245A, 245B, 246, 247, 248A, 248B, Block: 249A, 249B, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270,

Page 3526

271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289 Tract: 9603. Block: 109B, 110 Tract: 9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 143 District No. 4 THOMAS Tract: 9603. Block: 101, 102, 103, 104, 105, 106A, 106B, 107, 108, 109A, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121A, 121B, 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, 156A, 156B, 157A, 157B, 158, 159, 160A, 160B, 161A, 161B, 162A, 162B, 163, 164, 165, 166, 167A, 167B, 168A, 168B Block Group: 2 Tract: 9604. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 218, 219, 220, 252 Tract: 9605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 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, 301, 302, 303, 304, 313, 314 District No. 5 THOMAS Tract: 9604. Block: 214A, 215A, 215B, 216, 217, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239A, 239B, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 253, 254, 255 Tract: 9605. Block: 121, 122, 123, 124, 125, 126 Tract: 9610. Block: 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 317, 318, 319, 320, 321, 322, 323, 324 Tract: 9611.

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District No. 6 THOMAS Tract: 9605. Block: 138A, 145A, 146A, 147A, 147B, 147C, 148A, 149A, 153A, 160A, 160B, 160C, 160E, 161A, 161B, 162A, 310A, 310B, 310C, 310D, 321A Tract: 9606. Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 316, 317, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, Block: 332, 333, 334, 335, 336, 337, 338, 339, 340, 401, 402, 403, 404, 501, 502, 503, 504, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 Tract: 9607. Block: 601, 602, 603, 604, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 642, 643, 644 Tract: 9609. Block: 203, 208, 209, 211, 212, 213, 216 District No. 7 THOMAS Tract: 9606. Block: 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 505, 506 Tract: 9608. Block: 130A, 135, 137A, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 313, 325, 326, 401, 402, 403, 412, 413, 414, 415, 416, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 501, 502, 507, 508, 509, 510, 511, 513A, 513B, 532, 533, 534, 535A, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9609. Block: 101, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 204, 205, 206, 207, 238, 239, 240, 241, 242, 243, 244 Block Group: 3 Tract: 9610. Block: 304A, 304B, 304C, 304D, 304E, 305A, 305B, 306, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 310C, 310D, 310E, 310F, 311A, 311B, 311C, 311D, 311E, 312, 313, 314, 315, 316, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 333, 335, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381,

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382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 District No. 8 THOMAS Tract: 9605. Block: 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138B, 138C, 139, 140, 141, 142, 143, 144, 145B, 146B, 146C, 147D, 148B, 149B, 150A, 150B, 151, 152, 153B, 154, 155, 156, 157, 158, 159, 160F, 160G, 160H, 161C, 162B, 163, 164, 165, 166, 167, 230, 231, 305, 306, 307, 308, 309, 310E, 311A, 311B, 311C, 312, 315, 316, 317, 318, 319, 320, 321B, 321C, 321D, 322, 323A, 323B, 324, 325, 326, 327, 328 Tract: 9607. Block: 114, 115, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132 Tract: 9609. Block: 201, 202, 210, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237 Tract: 9610. Block: 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 208, 209, 211A, 211B, 211C, 211D NOTICE OF INTENT TO INTRODUCE LOCAL REGISTRATION YOU ARE HEREBY NOTIFIED that Thomas County intends to request introduction of local legislation to modify the boundaries of County Commission Districts 3 and 8 to remove the Springhill Commission Districts 3 and 8 to remove the Springhill Subdivision area from District 8 and include it in District 3. R. BRUCE WARREN Attorney for Thomas County WHITEHURST COHEN BLACKBURN 809 S. Broad St. Thomasville, GA 31792 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Theo Titus, III, who, on oath, deposes and says that he is Representative from the 180th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the following date: February 16, 1996. /s/ Theo Titus, III Representative, 180th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION YOU ARE HEREBY NOTIFIED that Thomas County intends to request introduction of local legislation to amend its local acts to delete all provisions from the local acts regarding the filling of vacancies of County governmental positions. R. BRUCE WARREN Attorney for Thomas County WHITEHURST, COHEN BLACKBURN 809 S. Broad St. Thomasville, GA 31792 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Theo Titus, III, who, on oath, deposes and says that he is Representative from the 180th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the following date: February 16, 1996. /s/ Theo Titus, III Representative, 180th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 21, 1996.

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GAINESVILLE-HALL COUNTY TASK FORCE ON GOVERNMENTAL UNIFICATION CREATION. No. 58 (Senate Resolution No. 578). A RESOLUTION To create the Gainesville-Hall County Task Force on Governmental Unification and provide for its composition, powers, and funding; to provide for a special election; and for other purposes. WHEREAS, the voters of the City of Gainesville and Hall County have indicated an interest in having a study conducted of the advantages and disadvantages of consolidating the governments of that city and county; and WHEREAS, until such a study can be completed, creation of a charter commission to implement such consolidation would be unnecessary; and WHEREAS, the expenditure of city and county funds for a study of possible consolidation constitutes a valid public service for which public funds may be spent. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Gainesville-Hall County Task Force on Governmental Unification. The task force shall be composed of 19 members. Five members shall be appointed by the councilmembers of the City of Gainesville by each of such councilmembers appointing one member. One member who is a resident of the unincorporated part of the county shall be appointed by each member of the House of Representatives who represents a portion of Hall County. Four members who are residents of the unincorporated part of the county shall be appointed by the Senator from Hall County. One member shall be appointed by the governing authority of each of the following four cities: Flowery Branch, Clermont, Lula, and Gillsville. The governing authority of the City of Oakwood shall appoint two members. In the event that any municipality has failed to appoint the member or members authorized by April 15, 1996, the judges of the Superior Court of Hall County shall appoint such member or members. No member of the task force may be a current or former elected officer of Hall County or any municipality located therein. The chairperson of the board of commissioners of Hall County shall call the first meeting of the task force within 30 days after this resolution becomes effective at which meeting the task force shall elect from its members a chairperson and vice chairperson and otherwise organize itself. All decisions of the task force shall be made by a majority of members present. Thirteen members will be required to consitute a quorum. The task force shall operate according to Robert's Rules of Order. BE IT FURTHER RESOLVED that members of the task force shall receive no compensation or expenses for their services upon the task force. The

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task force may employ no more than one staff member and may contract with persons or organizations with knowledge and expertise in governmental consolidation. The task force may accept donations, grants, or funds from any legal source. The task force may use the Georgia Mountains Regional Development Commission as the official repository of such funds. All local governments within Hall County are authorized to provide assistance to the task force. BE IT FURTHER RESOLVED that the task force shall study all matters relating to consolidating the governments of the City of Gainesville and Hall County. It shall also explore alternatives other than consolidation to provide a more effective and efficient government for the county and the cities within the county in the event consolidation is not feasible or desirable. The task force shall issue a report of its findings no later than January 31, 1997, to the governing authorities of Hall County and the cities within Hall County, upon which date the task force shall be abolished. Those governing authorities shall make available at no cost to the public copies of such report and shall have published in the legal organ of Hall County for at least once a week for four consecutive weeks a notice specifying where such copies may be obtained. The cost of such copies and notice shall be paid from funds donated, granted, or received by the task force. BE IT FURTHER RESOLVED that the task force may pass a resolution, based on the results of its report, asking for a special election on a question which shall be specified in the resolution. If such a resolution is passed, it shall be transmitted to the election superintendent of Hall County prior to the abolition of the task force. If the election superintendent receives such a resolution, that superintendent shall issue the call for the special election according to law and conduct the special election on such question at the time of any Hall County special election otherwise conducted prior to the next state-wide general primary, unless no such special election is conducted prior to that primary, in which event the special election shall be conducted at the next state-wide general primary. The superintendent shall cause the date and purpose of such special election to be published once a week for two consecutive weeks immediately preceding the date thereof in the official organ of Hall County. The expense of such election shall be borne by Hall County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Approved March 21, 1996.

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CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH DATE OF ABOLITION. No. 533 (House Bill No. 1659). AN ACT To amend an Act establishing the Clayton County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4891), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4312), so as to change the date of the commission's abolition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. To amend an Act establishing the Clayton County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4891), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4312), is amended by striking Section 7, relating to the abolition of the commission, and inserting a new Section 7 to read as follows: SECTION 7. The commission shall stand abolished on July 1, 1999. 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 1996 session of the General Assembly of Georgia a bill to amend an Act establishing the Clayton County Commission on Children and Youth, approved March 30, 1989 (Ga. L. 1989, p. 4891), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4312), so as to change the date of the commission's abolition; and for other purposes. This 25th day of January, 1996. Representative Gail M. Buckner 95th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gail M. Buckner, who, on oath, deposes and says that she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 27, 1996. /s/ Gail M. Buckner Representative, 95th District Sworn to and subscribed before me, this 9th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. STEWART COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 534 (House Bill No. 1673). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Stewart County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that all vehicles shall

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be registered and licensed to operate for calendar year 1998 and thereafter in Stewart County during the four-month non-staggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of February, 1996. Gerald E. Greene Representative District 158 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 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: February 8, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. TROUP COUNTY FAMILY CONNECTION AUTHORITY CREATION. No. 535 (House Bill No. 1674). AN ACT To create the Troup Family Connection Authority; to provide for membership and terms; to provide for duties; to provide for a report and an audit; to provide for a program director; to provide for an oath; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) There is created the Troup Family Connection Authority composed of 30 members as follows:

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(1) The chairperson of the Troup County Board of Commissioners or his or her designee from among the members of the board; (2) The President of the Troup County Chamber of Commerce or his or her designee from the active members of the chamber; (3) The Mayor of the City of Hogansville or his or her designee from among the members of the city council; (4) The Mayor of the City of LaGrange or his or her designee from among the membership of the city council; (5) The Mayor of the City of West Point or his or her designee from among the membership of the city council; (6) The Superintendent of the Troup County School System or his or her designee; (7) The judge of the Troup County Juvenile Court or his or her designee; (8) The Executive Director of the Troup County Department of Family and Children's Services or his or her designee; (9) The Executive Director of the Troup County Department of Children and Youth Services or his or her designee; (10) The Executive Director of the Regional Mental Health, Mental Retardation, and Substance Abuse Services or his or her designee; (11) The Executive Director of the United Way of West Georgia, Inc. or his or her designee; and (12) The Executive Health Director for District IV Mental Services or his or her designee; (13) Eighteen members to be appointed jointly by the members provided for in paragraphs (1) through (12) of this subsection from among the citizens of Troup County. (c) All appointments shall be made within 30 days after the effective date of this Act. All members shall be residents of Troup county. If a member moves his or her residence from Troup County, his or her position shall immediately become vacant and shall be filled in the same manner as the initial appointment. (d) The members shall serve without compensation. SECTION 2. After the appointment of all members, the authority shall hold an organizational meeting as soon as practicable. The members shall elect a chairperson from among the membership and shall elect such officers as the authority deems necessary.

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SECTION 3. The authority is authorized to study the problems facing the children and youth of Troup County and to plan and facilitate programs designed to address those problems. The authority may coordinate with the Georgia Policy Council for Children and Families created pursuant to Code Section 49-5-257 of the O.C.G.A. to define needed programs. SECTION 4. The authority is authorized to receive, accept, and expend funds from public and private sources for programs to accomplish the purposes of this Act. The authority is further authorized to expend such funds to employ a program coordinator who shall not be a member of the authority. The salary of such coordinator shall be set by the authority. SECTION 5. (a) The authority shall make an annual report within 60 days of the closing of each fiscal year to the Board of Commissioners of Troup County, the City Council of the City of Hogansville, the City Council of the City of LaGrange, and the City Council of the City of West Point. (b) The governing authority of Troup County, the City of Hogansville, the City of LaGrange, or the City of West Point may at any time audit the books of the authority. SECTION 6. Each member of the authority shall be given the following oath, administered by the senior judge of the Superior Court of Troup County: Recognizing the fact that there are many social, economic, and educational issues that prevent our children from achieving their potential and desiring to play a part in improving those adverse conditions, I, , do solemnly swear that as a member of the Troup Family Connection, I will fulfill the duties and responsibilities of my appointment to the best of my ability. 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 1996 session of the General Assembly of Georgia a bill to create the Troup Family Connection Authority; to provide for membership and terms; to provide for duties; to provide for a report and on audit; to provide for a program director; to provide for an oath; and for other purposes.

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This day of , 1996. Representative Carl Von Epps 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: February 9, 1996. /s/ Carl Von Epps Representative, 131st District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF TYBEE ISLAND HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 536 (House Bill No. 1675). AN ACT To provide a homestead exemption from City of Tybee Island ad valorem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of the city who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemptions and procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeals; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for city purposes means all ad valorem taxes for city purposes levied by, for, or on behalf of Tybee Island, Georgia, except for taxes to pay interest on and to retire bonded indebtedness. (2) Base year means the taxable year immediately preceding the taxable year in which the exemption under this Act is granted. (3) Homestead means homestead as defined and qualified in Code Section 48-50-40 of the Official Code of Georgia Annotated. (4) Income means federal adjusted gross income, as defined in the Internal Revenue Code of 1986, as amended, from all sources. (5) 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 Code section is made. SECTION 2. Each resident of the City of Tybee Island who is a senior citizen is granted an exemption on that person's homestead from all ad valorem taxes for city purposes in an amount equal to the amount of the assessed value of that homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which this exemption is first granted to such resident if that person's income, together with the income of the spouse of such person and any other person who resides within such homestead, does not exceed $30,000.00 for the immediately preceding taxable year. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the assessment in the base year shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. SECTION 3. A person shall not receive the homestead exemption granted by this Act unless the person or person's agent files an application with a designated representative of the governing authority of the City of Tybee Island giving the person's age 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 designated representative to make a determination as to whether such owner is entitled to such exemption.

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SECTION 4. The exemption granted by this Act shall be claimed as required by law and shall be renewed automatically and shall continue as long as the person granted the homestead exemption under this Act is entitled to the exemption and it is the duty of any person granted the homestead exemption under this Act to notify the designated representative of the City of Tybee Island in the event that person, for any reason, becomes ineligible for this exemption. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 6. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of the City of Tybee Island shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Tybee Island for approval or rejection. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from City of Tybee Island ad valorem taxes for city purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which such exemption is first granted to a resident for certain residents of the city who are 62 years of age or over and who have annual household incomes not exceeding $30,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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, the remaining sections 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.

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SECTION 7. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT to Introduce Local Legislation Notice is given that legislation will be introduced during the 1996 Session of the General Assembly of the State of Georgia, which legislation will provide for a referendum and for homestead exemption for certain senior citizens from municipal ad valorem taxes and for other purposes. Edward M. Hughes Attorney for City of Tybee Island, Ga. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burke Day, who, on oath, deposes and says that he is Representative from the 153rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News/Savannah Evening Press, which is the official organ of Chatham County, on the following date: February 9, 1996. /s/ Burke Day Representative, 153rd District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. BRYAN COUNTY TAX COMMISSIONER; COMPENSATION; PERSONNEL. No. 537 (House Bill No. 1676). AN ACT To amend an Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, Georgia, approved March 20, 1935 (Ga. L. 1935, p. 592), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3874), so as to change the provisions relating to the compensation and benefits of such officer; to provide for minimum personnel for the office of the tax commissioner and for the compensation and benefits of such personnel; to provide for the powers of the tax commissioner and governing authority of Bryan County with regard to such personnel and compensation; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act abolishing the offices of tax-receiver and tax-collector of Bryan County and creating the office of tax commissioner of Bryan County, Georgia, approved March 20, 1935 (Ga. L. 1935, p. 592), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3874), is amended by striking Section 5 and inserting in its place the following: SECTION 5. (a) Effective January 1, 1997, the tax commissioner of Bryan County shall receive an annual salary to be paid in equal monthly installments from the funds of Bryan County. Such salary shall be in lieu of all fees, costs, perquisites, or other forms of compensation received by the tax commissioner before January 1, 1997. That annual salary shall be equal to the minimum salary provided by general law for the clerk of the Superior Court of Bryan County, together with any local supplement paid to the clerk. In addition, when the clerk of the superior court is granted a cost-of-living increase or a longevity increase, the salary of the tax commissioner shall be increased by such average percentage. 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 1996 session of the General Assembly of Georgia, a bill relating to changing the method of compensation of the Tax commissioner of Bryan County from a fee to salary basis, and for other purposes. DeVaul L. Henderson, Jr. County Attorney for Bryan County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Richmond Hill-Bryan County News, which is the official organ of Bryan County, on the following date: January 31, 1996. /s/ Ann R. Purcell Representative, 147th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. DOOLY COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 538 (House Bill No. 1679). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Dooly County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that pursuant to the request of the Tax Commissioner of Dooly County there will be introduced at the Regular 1996 Session of the

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General Assembly of Georgia a bill to provide that all vehicles shall be registered and licensed to operate for the calendar year 1996 and thereafter in Dooly County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; and for other purposes. This 2nd day of February, 1996. Representative Johnny Floyd 138 District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Floyd, who, on oath, deposes and says that he is Representative from the 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 8, 1996. /s/ Johnny Floyd Representative, 138th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. SPALDING COUNTY COUNTY SURVEYOR. No. 539 (House Bill No. 1777). AN ACT To abolish the office of elected county surveyor of Spalding County; to provide for appointment of a county surveyor by the governing authority of Spalding County; to provide for a term of appointment and qualifications; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The office of elected county surveyor of Spalding County is abolished, by authority granted by O.C.G.A. Code Section 36-7-2.1.

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SECTION 2. The governing authority is authorized to appoint a county surveyor by resolution whenever the governing authority finds a need for a county surveyor. The appointing resolution shall provide for the term of the appointment. A surveyor appointed in accordance with this Act shall possess the qualifications to hold office specified by paragraph (1) of subsection (b) of O.C.G.A. Code Section 36-7-2. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Spalding County; to provide for appointment of a county surveyor by the governing authority of Spalding County; to provide for a term of appointment and qualifications; to provide for related matters; to repeal conflicting laws; and for other purposes. This 1st day of February, 1996 /s/ John P. Yates Honorable John P. Yates Representative, 106th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Yates, who, on oath, deposes and says that he is Representative from the 106th 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 16, 1996. /s/ John P. Yates Representative, 106th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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SCHLEY COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 540 (House Bill No. 1779). AN ACT To amend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 17, 1987 (Ga. L. 1987, p. 5490), so as to change the compensation of the chairman and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 2229), as amended, particularly by an Act approved April 17, 1987 (Ga. L. 1987, p. 5490), is amended by striking subsection (d) of Section 1 in its entirety which reads as follows: (d) The chairman of the board of commissioners shall be compensated in the amount of $100.00 per month. Each other member of the board of commissioners shall be compensated in the amount of $50.00 per month., and inserting in lieu thereof a new subsection to read as follows: (d) The chairman of the board of commissioners shall be compensated in the amount of $300.00 per month. Each other member of the board of commissioners shall be compensated in the amount of $100.00 per month. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to mend an Act providing for the election of the Board of Commissioners of Schley County, approved February 5, 1951 (Ga. L. 1951, p. 229), as amended, particularly by an Act

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approved April 17, 1987 (Ga. L. 1987, p. 5490); and for other purposes. This 12th day February, 1996. W. C. Holt, Chairman Schley County Board of Commissioners 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 Schley County, on the following date: February 16, 1996. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 20th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF BARNESVILLE HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 541 (House Bill No. 1780). AN ACT To amend an Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, so as to provide for a homestead exemption for persons over age 65; to provide for an affidavit; to provide for restrictions and conditions; to provide for a referendum; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, is amended by striking Section 6.10, relating to property tax, and inserting in lieu thereof a new Section 6.10 to read as follows:

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SECTION 6.10. Property tax. (a) 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. (b) Each person who is 65 years of age or over is granted an exemption from all City of Barnesville ad valorem taxes on a homestead owned and occupied by him or her as a residence if each of the following terms and conditions are met: (1) The applicant files an affidavit with the Lamar County tax commissioner to apply for the exemption described in and provided for by Code Section 48-5-47; (2) The applicant receives approval of the above exemption based on said affidavit by the Lamar County tax commissioner as established by the procedures set forth in Code Section 48-5-47; and (3) The applicant is listed and shown on the official tax digest of Lamar County, Georgia, as receiving the exemption defined in Code Section 48-5-47. (c) As provided in subsection (b), after any such owner has filed the proper affidavit and has once been allowed the described exemption, it shall not be necessary that he or she make application and file such affidavit thereafter for any year, and such exemption shall continue to be allowed to such owner. It shall be the duty of any such owner to notify the tax commissioner in the event he or she becomes ineligible for any reason for the exemption provided in this subsection. (d) The provisions of subsections (b) and (c) shall become fully effective for the city property tax year 1998. However, for tax years 1996 and 1997 the following formula shall be applied: the tax benefit that would be received by a taxpayer under subsections (b) and (c) shall be calculated for each of the years 1996 and 1997; the taxpayer shall receive a credit to be subtracted from his or her 1996 city property tax bill for an amount equal to 50 percent of the tax benefit calculated; and the taxpayer shall receive a credit to be subtracted from his or her 1997 city property tax bill for an amount equal to 75 percent of the tax benefit calculated. 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

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state, the election superintendent of Lamar County shall call and conduct an election for the purpose of submitting this Act to the electors of the City of Barnesville 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 Lamar County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which amends the charter for the City of Barnesville to provide for a homestead exemption for persons over age 65? 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 Lamar County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except for Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall only become effective as provided in Section 2 of this Act. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO LOCAL LEGISTRATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Barnesville, approved March 11, 1987 (Ga. L. 1987, p. 3865), as amended, so as to provide for a homestead exemption for persons over age 65; to provide for related matters; to repeal conflicting laws; and for other purposes. This 25th day of January, 1996. /s/ Larry Smith 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

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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 Herald-Gazette, which is the official organ of Lamar County, on the following date: January 30, 1996. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. WILKINSON COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 542 (House Bill No. 1781). AN ACT To create a board of elections and registration in Wilkinson County; to provide definitions related thereto; to provide for authority; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment or election, resignation, and removal of its members; to provide for a chairperson and operating budget of the board and for offices, clerical assistants, and employees; to define its powers, duties, and responsibilities; to provide for compensation for the members of said board; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) Pursuant to the authorization contained in subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a Wilkinson County Board of Elections and Registration and said board is empowered with the powers and duties of the election superintendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures in and for Wilkinson County, Georgia.

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(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 Wilkinson County Board of Elections and Registration created by subsection (a) of this section; the term county means Wilkinson County; and the term superior court means the Superior Court of Wilkinson County. SECTION 2. (a) The Wilkinson County Board of Elections and Registration shall be composed of five members, each of whom shall be an elector and a resident of Wilkinson County, and who shall be selected in the following manner: (1) 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 vacancy in the office; and (2) Three members shall be appointed by the governing authority of Wilkinson County, Georgia, and one of said members shall be designated by said governing authority as supervisor of registration and elections and that person shall be the administrator and chairperson of the board and shall carry out all duties of voter registration and elections; provided, however, that with respect to initial appointments, the board shall appoint only two members to said board, and the person serving as chief registrar in Wilkinson County shall be designated as one of the appointed members of the board. Such chief registrar shall serve as a member of the Wilkinson County Board of Elections and Registration for the remainder of the term of office to which he or she was appointed as chief registrar, but said member shall not be eligible to serve as chairperson of said board. At least two members of the board appointed under the provisions of this paragraph shall be members of a minority race, and successors shall be appointed such that the Wilkinson County Board of Elections and Registration is continuously represented by at least two members of a minority race appointed by the governing authority of Wilkinson County.

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(b) Except for the chief registrar, in making the initial appointments to the board, the members shall be selected at least 30 days prior to January 1, 1997. Initial members, except for the chief registrar, and all successors including the successor to the chief registrar 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, 1997. 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 Wilkinson 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.

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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. 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. (c) The board shall have the authority to contract with any municipality located within Wilkinson County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 9. (a) The chairperson of the board shall receive an annual salary of not less than $18,500.00 nor more than $20,500.00, the exact amount to be determined by the Board of Commissioners of Wilkinson County, to be paid in equal monthly installments from county funds. The other members of the board shall be compensated at a rate of not less than $9.00 per hour to be fixed by the board subject to the approval of the Board of Commissioners of Wilkinson County. (b) The compensation of clerical assistants and other employees of the board of elections and registration shall be at a rate of not less than $7.31 per hour to be fixed by the board subject to the approval of the Board of Commissioners of Wilkinson County. SECTION 10. (a) The Wilkinson County Board of Elections and Registration shall be empowered with all powers and duties relating to the conduct of elections

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as election superintendent pursuant to provisions of Title 21 of the O.C.G.A. (b) The Wilkinson County Board of Elections and Registration is empowered with all of the powers and duties relating to the registration of voters and absentee balloting procedures as board of registrars pursuant to the provisions of Title 21 of the O.C.G.A. (c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that purpose. (d) The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties. SECTION 11. 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. SECTION 12. The chairperson of the board of elections and registration shall be the chief executive officer 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 13. The Board of Commissioners of Wilkinson 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 Wilkinson County shall deem appropriate. SECTION 14. This Act shall become effective on January 1, 1997. On January 1, 1997, the superintendent of elections and the board of registrars shall be relieved of all powers and duties to which the Wilkinson County 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 Wilkinson County shall stand abolished. SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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Notice Of Intention To Introduce Local Legislation Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to create a board of elections and registration for Wilkinson 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 the 12th day of January, 1996 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: February 15, 1996. /s/ Kenneth W. Birdsong Representative, 123rd District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. HABERSHAM COUNTY ADVISORY REFERENDUM ON ANIMAL CONTROL REGULATIONS. No. 543 (House Bill No. 1790). AN ACT To provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether animal control regulations should be established and an animal control department created; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the purpose of this Act to provide for an advisory referendum election to be held in Habersham County for the purpose of ascertaining whether the electors of such county are in favor of animal control regulations and the creation of an animal control department. SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Habersham County shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting a question to the electors of said county to determine whether the county governing authority should establish animal control regulations and an animal control department to be funded by the county. The superintendent shall set the date of such election for the earliest date in 1996 which is permissible under state law and the federal Voting Rights Act and shall issue the call therefore not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Habersham County. The ballot shall have written or printed thereon the following: Advisory Referendum Election () YES () NO Should the Habersham County Board of Commissioners adopt an animal controlresolution establishing animal control regulations and an animal control department to be funded by the county budget beginning with the 1996-97 fiscal year? Such an animal control department would include, but not be limited to, an animal control officer, an appropriate vehicle, and an operating budget. (b) It shall be the duty of the election superintendent of Habersham County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Habersham County. The expense of such election shall be borne by Habersham County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Habersham County, is for a public purpose, and is

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an essential governmental function for which public funds may be expended. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE The Habersham County Board of Commissioners intends to request the Habersham County Legislative delegation to introduce legislation to provide for an advisory referendum election to be held in Habersham County for the purpose of determining whether the Habersham County Board of Commissioners should adopt animal control regulations and should establish an animal control department. 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: February 20, 1996. /s/ Ben Purcell Representative, 9th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Robert E. Rivers, Jr. Notary Public My Commission Expires Aug. 23, 1997 (SEAL) Approved March 25, 1996. BALDWIN COUNTY STATE COURT; JUDGE; PART-TIME POSITION. No. 544 (House Bill No. 1793). 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 that the office of judge of the State Court of Baldwin County shall be a part-time position; 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 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 subsection (a) of Section 1G and inserting in lieu thereof the following: (a) The office of judge of the State Court of Baldwin County shall be a part-time position. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1996 Session of The General Assembly of Georgia a bill 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 that the office of the Judge of the State Court of Baldwin County shall be a part-time position; and for other purposes. This 23rd day of February, 1996. Baldwin County Commissioners 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 Union-Recorder, which is the offical organ of Baldwin County, on the following date: February 23, 1996. /s/ Bobby E. Parham Representative, 122nd District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CITY OF TY TYELECTED OFFICERS; SERVICE ON LOCAL BOARDS, COMMISSIONS, AND AUTHORITIES. No. 545 (House Bill No. 1795). AN ACT To amend an Act creating a new charter for the City of Ty Ty, approved April 6, 1992 (Ga. L. 1992, p. 5275), so as to permit holders of elective office to serve on local boards, commissions, or authorities in certain circumstances; 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 new charter for the City of Ty Ty, approved April 6, 1992 (Ga. L. 1992, p. 5275), is amended by striking subsection (d) of Section 4.11 and inserting in lieu thereof a new subsection (d) to read as follows: (d) Any person holding an elective office in the City of Ty Ty may serve as a member of any board, commission, or authority if appointed by the city council to serve as a member of such board, commission, or authority which has been or is being created by the city council. Any or all members of the city council may serve as a member of the City of Ty Ty Zoning Board or Tift County's Zoning Board. 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 1996 session of the General Assembly of Georgia a bill to provide an amendment to the charter of the City of Ty Ty, Georgia which would allow elected officials to serve on the boards, commissions, and authorities of the City of Ty Ty and to repeal conflicting laws; and for other purposes. This the 1st day of February, 1996. (S) Hon. Rep. Henry Bostick District 165 Allen, Kelly Sowell, P. C.
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick, who, on oath, deposes and says that he is Representative from the 165th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette, which is the official organ of Tift County, on the following date: February 10, 1996. /s/ Henry Bostick Representative, 165th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 25, 1996. CITY OF DULUTHCORPORATE LIMITS. No. 546 (House Bill No. 1796). AN ACT To amend an Act entitled 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 April 5, 1995 (Ga. L. 1995, p. 4400), so as to amend the description of 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 entitled 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 April 5, 1995 (Ga. L. 1995, p. 4400), is amended by designating the existing text of subsection (a) of Section 1.11 as paragraph (1) and by inserting at the end of such subsection a new paragraph (2), so that when amended said subsection reads as follows: (a)(1) 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

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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. (2) In addition to the property described in paragraph (1) of this subsection, the corporate boundaries shall include the following described property: ALL THAT TRACT OR PARCEL of land lying and being in Land Lot 291, 6th District, Gwinnett County, Georgia and being more particularly described as follows: Beginning at an iron pin found at the intersection of the southwest line of Land Lot 291 with the north right-of-way (R/W) of Summit Ridge Parkway (80' R/W) being the TRUE POINT OF BEGINNING; thence leaving said R/W and running along said Land Lot line N30-45-25W 939.38' to an iron pin found; thence leaving said Land Lot line N60-25-42E 2276.19' to an iron pin set on the West R/W of Pleasant Hill Road (150' R/W); thence along said R/W an are of 207.75' subtended by a chord bearing of S28-23-11E and chord distance of 207.69' with a radius of 2621.48' to a point; thence S30-39-24E 362.51' to a point; thence along an arc of 502.63' subtended by a chord bearing of S06-37-08E and chord distance of 488.02' with a radius of 599.03' to a point; thence S17-25-08W 145.70' to a point; thence along an arc of 450.91' subtended by a chord bearing S07-41-46W and chord distance of 448.38' with a radius of 1228.42' to an iron pin set; thence leaving said R/W S57-50-11W 1029.25' to an iron pin found on the north R/W of Summit Ridge Parkway; thence along said R/W an arc of 937.97' subtended by a

Page 3561

chord bearing of N78-13-58W and chord distance of 882.73' with a radius of 781.85' to an iron pin at the TRUE POINT OF BEGINNING. Said tract contains 66.803 acres as shown on a plat of survey for Wilwat Properties, Inc. dated April 17, 1991, and last revised on June 29, 1992, prepared by Harris Engineering Corporation which plat is incorporated herein by reference for a more particular description. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act entitled 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 April 5, 1995 (Ga. L. 1995, p. 4400); and for other purposes. This 23 day of February, 1996. Honorable Brooks P. Coleman, Jr. District 80 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 Daily Post, which is the official organ of Gwinnett County, on the following date: February 23, 1996. /s/ Brooks P. Coleman, Jr. Representative, 80th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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DOUGHERTY COUNTY MAGISTRATE COURT; ADDITIONAL MAGISTRATE. No. 547 (House Bill No. 1797). AN ACT To amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended, so as to provide for one additional full-time magistrate; to provide for the appointment and compensation of said magistrate; 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 Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), 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. The persons serving as full-time chief magistrate and as part-time magistrates of the Magistrate Court of Dougherty County on the date this section becomes effective in 1996, or any person selected to fill a vacancy in such offices, shall continue to serve until the expiration of his or her current term and until his or her successor is appointed, pursuant to Section 3 of this Act, and qualified. The chief judge of the State Court of Dougherty County shall appoint one additional full-time magistrate to take office on July 1, 1996, for an initial term which shall expire on December 31, 2000, and upon the appointment pursuant to Section 3 of this Act and qualification of his or her successor. 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. On and after July 1, 1996, there shall be two full-time magistrates and two part-time magistrates to serve as judges of the Magistrate Court of Dougherty County. These magistrates shall be appointed by the chief judge of the State Court of Dougherty County. The chief judge shall, on January 1 of each year, designate one of the magistrates to be the chief magistrate for the ensuing calendar year and until a new chief magistrate is designated. Magistrates shall be appointed to take office on January 1 for a term of four years and until their respective successors are appointed and qualified.

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SECTION 3. Said Act is further amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. The chief magistrate shall be full time and shall receive an annual salary equal to 90 percent of the annual salary now or hereafter paid to the judge of the State Court of Dougherty County. One other magistrate shall be full time and shall receive an annual salary equal to 85 percent of the annual salary now or hereafter paid to the judge of the State Court of Dougherty County. The compensation of the part-time magistrates shall be determined by resolution of the governing authority of Dougherty County. Such compensation shall not be decreased during a magistrate's term of office. SECTION 4. This Act shall become effective on July 1, 1996. 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating the Small Claims Court of Dougherty County, now the Magistrate Court of Dougherty County, approved March 24, 1976 (Ga. L. 1976, p. 3164), as amended; and for other purposes. This 21st day of February, 1996. s/ Tommy Chambless Representative Tommy Chambless 163rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 163rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Albany Herald, which is the official organ of Dougherty County, on the following date: February 21, 1996. /s/ Tommy Chambless Representative, 163rd District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. LAMAR COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 548 (House Bill No. 1798). AN ACT To provide a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that district who are totally disabled and whose annual net income does not exceed $20,000.00 and provide for conditions and procedures relating thereto; to provide for a special election for approval or disapproval; 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. 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) Lamar County School District ad valorem taxes means all ad valorem taxes levied by, for, or on behalf of the Lamar County School District except for ad valorem taxes to retire school bond indebtedness. (3) Net income means the resident's net income together with the net income of the resident's spouse who also occupies and resides at such homestead, as net income is defined by Georgia income tax law. (4) Totally disabled means being mentally or physically incapacitated to the extent that such resident is unable to be gainfully employed and to the extent that such incapacity is likely to be permanent.

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SECTION 2. Each resident of the Lamar County School District who is totally disabled is granted an exemption on that person's homestead from all Lamar County School District ad valorem taxes in the amount of $15,000.00 if that resident's net income for the immediately preceding taxable year does not exceed $20,000.00. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3. The tax commissioner of Lamar 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 applicant for the exemption, including but not limited to appropriate proof of the applicant's being totally disabled, which proof shall include the affidavits of at least two physicians licensed to practice medicine in this state. 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. 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 by this Act to notify the tax commissioner of Lamar County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. SECTION 6. The exemption granted by this Act shall be in lieu of and not in addition to any other exemption from Lamar County School District ad valorem taxes. SECTION 7. The exemption granted by this Act 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 Lamar County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Lamar County School District for approval or rejection. The election superintendent shall conduct that election at the

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time of the state-wide November general 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 Lamar County. The ballot shall have written or printed thereon the words: () YES () NO Shall an Act be approved which provides a homestead exemption from Lamar County School District ad valorem taxes, except taxes to retire bonded indebtedness, in the amount of $15,000.00 for totally disabled residents of that district whose annual net income does not exceed $20,000.00? 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 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, this Act shall not become effective and shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Lamar County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 9. Except as otherwise provided, 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 1996 session of the General Assembly of Georgia a bill to provide a $15,000.00 homestead exemption from Lamar County School District ad valorem taxes for residents of that school district who are totally disabled and whose annual net income does not exceed $20,000.00; and for other purposes. This 15th day of February, 1996. /s/ Larry Smith Representative Larry Smith District 109 GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Smith, who, on oath, deposes and says that he is Representative from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Gazette, which is the official organ of Lamar County, on the following date: February 20, 1996. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. PUTNAM COUNTY CORONER AND DEPUTY CORONER; COMPENSATION. No. 549 (House Bill No. 1810). AN ACT To amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, approved February 22, 1965 (Ga. L. 1965, p. 2040), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4068), so as to change the compensation of the coroner and deputy coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, approved February 22, 1965 (Ga. L. 1965, p. 2040), as amended, particularly by an Act approved March 22, 1989 (Ga. L. 1989, p. 4068), is amended by striking Section 1 and inserting in its place a new Section 1 to read as follows: SECTION 1. (a) The coroner of Putnam County is hereby placed upon an annual salary of $9,000.00 in lieu of the fee system of compensation formerly allowed the coroner. Such salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the

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coroner of Putnam County for his or her services as such. Such salary shall be payable from the funds of Putnam County. (b) The deputy coroner shall receive an annual salary of $2,400.00 payable from the funds of Putnam County. (c) In addition to the compensation provided for in subsections (a) and (b) of this section, the coroner and the deputy coroner shall, when taking the training course required by Code Section 45-16-6 of the O.C.G.A., receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier, or the legal mileage rate for the use of a personal automobile, and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. (d) On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the salaries of the coroner and the deputy coroner shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the salaries of the coroner and deputy coroner shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the salaries of the coroner and deputy coroner shall become effective on the first day of January following the date that the cost-of-living increases become effective for state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in the salaries for the coroner and deputy coroner shall become effective on the same date. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to change the compensation of the Coroner of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioners
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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 22, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF WOODSTOCK MAYOR; POWERS; DUTIES; TERMS. No. 550 (House Bill No. 1814). AN ACT To amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, so as to provide for additional powers, duties, and authority of the mayor; to repeal the limitation on terms of office of the mayor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, is amended by adding a new section immediately following Section 2.17, to be designated Section 2.17A, to read as follows: SECTION 2.17A. Mayor's veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the council to the mayor.

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(b) The mayor shall have the right to veto any ordinance that was approved by the council by the affirmative vote of three members and the negative vote of zero members or the affirmative vote of three members and the negative vote of one member, unless all council members were present at the meeting at which said ordinance was approved. (c) The mayor, within ten calendar days of receipt of an ordinance subject to a veto, shall return it to the council with or without the mayor's approval. If the ordinance has been approved by the mayor, it shall become law upon its return to the council. If the ordinance is neither approved or disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the city council a written statement of the mayor's reasons for the veto. The council shall record upon the ordinance the date of its delivery to and receipt from the mayor. (d) Ordinances vetoed by the mayor shall be considered by the council at its next meeting and, should the city council then or at its next general meeting adopt the ordinance by the affirmative vote of at least three members, it shall become law and shall not be subject to any further veto by the mayor. SECTION 2. Said Act is further amended by repealing Section 2.18 which reads as follows: SECTION 2.18. Limitation on Terms of Service. (a) The person serving as mayor on the effective date of this Act shall be eligible to serve for the term of office beginning in January, 1988, but shall not again be eligible to be elected to such office. (b) With respect to terms beginning after January, 1988, persons holding the office of mayor may succeed themselves for one three-year term of office. Persons who hold the office of mayor and succeed themselves as provided in this subsection shall not again be eligible to be elected to that office. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended; and for other purposes.

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This 15th day of February, 1996. Representative Melanie S. Harris 17th 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 the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 21, 1996. /s/ Melanie Harris Representative, 17th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 25, 1996. COBB COUNTYSTATE COURT; CHIEF JUDGE; JUDGES; POWERS. No. 551 (House Bill No. 1815). 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 certain provisions relating to the chief judge and judges of the state court; to provide for a statement of intent; to provide 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 or she shall deem necessary or proper for such purpose but not in conflict with the

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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., and inserting in lieu thereof the following: The judges of the State Court of Cobb County shall, during the month of July of each odd-numbered calendar year, by a vote of a majority of them, elect from among the judges of division one of said court a chief judge of the State Court of Cobb County to serve a two-year term, beginning October 1 of each odd-numbered calendar year. A vote of the majority of the judges of said court shall be required to fill any vacancy occurring in the office of chief judge. Any such vacancy shall be filled for the remainder of the unexpired term within 30 days after it occurs by majority vote as set out in this paragraph. Until such time as a chief judge is elected pursuant to this paragraph and whenever the position of chief judge is vacant for any reason, the judge of division one of the state court who shall be senior in length of continuous service as a judge of division one of said court shall be ex officio chief judge. In the event that two or more judges shall be equal in such seniority and in the event that two or more judges shall be equal in such seniority within a division of the court, said seniority shall be determined according to length of service of said judge on the state court as a whole. In the event that two or more judges shall be equal in such seniority on the court as a whole, then the judge who was first admitted to the State Bar of Georgia shall be such chief judge. Upon the failure of a majority of the judges of said court to agree on the administration and the expenditious disposition of the business of the court, the chief judge shall have the power and responsibility to take such action as he or she shall deem necessary or proper for such purpose, but not in conflict with the general laws of this state or the uniform rules of this state, which action, when entered on the minutes of said court, shall be binding upon the other judges of said circuit. Such chief judge may make appointments authorized by law and may from time to time require reports from the clerk of said court, the

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solicitor general of said court, and the sheriff of Cobb County relative to business pending before said court, including but not limited to issues involving the jail population. The chief judge of the State Court of Cobb County shall receive as additional compensation $2,800.00 per annum. When matters are to be determined among the various judges according to seniority, in matters not affecting the designation of chief judge, then in all such instances said seniority shall be determined within the two divisions of the court according to length of service of said judge in said division of the court. In the event that two or more judges shall be equal in such seniority within a division of the court, seniority shall be determined according to length of service of said judge on the state court as a whole. In the event that two or more judges shall be equal in such seniority on the court as a whole, then the judge who was first admitted to the State Bar of Georgia shall be considered senior. SECTION 2. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of state court judges provided by the statutes of the State of Georgia. 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 1996 session of the General Assembly of Georgia a bill to amend 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 12th day of January, 1996. 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

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the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 19, 1996. /s/ Randy Sauder Representative, 29th District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. TOOMBS COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 552 (House Bill No. 1816). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Toombs County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; 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 Toombs County shall be elected by the qualified voters of Toombs 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. Code Section 21-2-501 of the O.C.G.A. shall govern run-off-nonpartisan primaries, runoffs of such nonpartisan primaries, and the plurality required for the general election. 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 INTENT TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA COUNTY OF TOOMBS Notice is hereby given pursuant to O.C.G.A. 28-1-14 that the undersigned as State Representative representing Toombs County, Georgia will introduce a bill in the State Legislature to change the method of election in Toombs County. It is the Toombs County Commissioners wish to have their legislative deleegation to introduce a bill making elections of constitutional officers non-partisan. The present constitutional officers advised commissioners they were in favor of the idea. It will allow qualifying fees to be held locally instead of being sent to political parties, and would eliminate party runoffs.

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In nonpartisan elections, all registered citizens could vote in all elections instead of being limited to party primaries. Honorable Fisher Barfoot Representative Dist. 155 Chess Fountain Clerk of Court Glenda Williams Tax Commissioner Charles Durst Sheriff Jackie Driskell Probate Court James A. Thompson Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fisher Barfoot, who, on oath, deposes and says that he is Representative from the 155th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Advance-Progress, which is the official organ of Toombs County, on the following date: February 22, 1996. /s/ Fisher Barfoot Representative, 155th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. BURKE COUNTY CORONER; COMPENSATION. No. 553 (House Bill No. 1856). AN ACT To amend an Act relating to the compensation of the coroner of Burke County, approved March 5, 1962 (Ga. L. 1962, p. 2882), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4226), so as to increase the salary of the coroner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 3577

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act relating to the compensation of the coroner of Burke County, approved March 5, 1962 (Ga. L. 1962, p. 2882), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4226), is amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. The coroner of Burke County shall receive a salary of $1,000.00 per month to be paid monthly from the funds of Burke County. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act approved March 5, 1962, (Ga. L. 1962, p. 2882), as amended, providing a maximum salary for the corner of Burke County, so as to raise the salary of the coroner; to provide for related matters; to repeal conflicting laws; and for other purposes. This 2nd day of February, 1996. Rep. Alberta Anderson, District 116 Rep. George DeLoach, District 119 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alberta Anderson, who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3578

published in the True Citizen, which is the official organ of Burke County, on the following date: February 29, 1996. /s/ Alberta Anderson Representative, 116th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. DOUGLAS COUNTY BOARD OF EDUCATION; COMPENSATION. No. 554 (House Bill No. 1860). AN ACT To amend an Act providing for election districts for the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3751), so as to provide for compensation of 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 providing for election districts for the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3751), is amended by striking subsection (h) of Section 1, which reads as follows: (h) Each member of the board of education shall receive a per diem and an expense allowance in accordance with the provisions of Code Section 20-2-55 of the O.C.G.A., as now or hereafter amended., and inserting in its place the following: (h) The chairperson of the board of education shall be compensated in the amount of $700.00 per month and each of the other board members shall be compensated in the amount of $600.00 per month. Members of the board of education, including the chairperson, shall also be reimbursed for the actual expenses necessarily incurred in the performance of their official duties.

Page 3579

SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing for election districts for the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3751), so as to provide for compensation of members and for other purposes. This 29th day of January, 1996. Representative Bill Hembree, 98th District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the following date: January 31, 1996. /s/ Bill Hembree Representative, 98th District Sworn to and subscribed before me, this 7th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF DECATUR CORPORATE LIMITS. No. 555 (House Bill No. 1865). AN ACT To amend an Act creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to change the corporate limits of the City of Decatur; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3580

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating and establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, is amended by adding at the end thereof a new Section 1B to read as follows: SECTION 1B. The corporate limits of the City of Decatur shall include the following described property: All that tract or parcel of land lying and being in Land Lot 8 of the 18th Land District, DeKalb County, Georgia, containing 8.92 acres, more or less, and being more particularly described as follows: BEGINNING at a point at the intersection of the northern margin of the right-of-way of Pinehurst Street and the western margin of the 60 foot right-of-way of Winn Way; thence North 0100'18 West along the western margin of the right-of-way of Winn Way 99.50 feet to the TRUE POINT OF BEGINNING; thence departing said right-of-way North 9000'00 West, 108.94 feet along a line demarking the City Limits of Decatur, Georgia, to a point; thence North 1727'42 West, 977.06 feet along said line to a point; thence North 7337'19 East, 28.26 feet to a point; thence North 8856'19 East, 81.93 feet along said City Limit Line to a point; thence North 0005'23 East, 363.40 feet to a point; thence North 8909'24 East, 2.79 feet to a point; thence departing said City Limit Line, North 0005'23 East, 160.50 feet to a point; thence South 8947'07 West, 2.79 feet to a point; thence North 0005'23 East, 6.35 feet to a point; thence South 8953'22 East, 282.06 feet to a point on the western margin of the 60 foot right-of-way of said Winn Way; thence South 0022'03 East, 1401.08 feet along said right-of-way to a point; thence South 0100'18 East, 70.20 feet along said right-of-way to a point being the TRUE POINT OF BEGINNING. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Decatur, approved August 17, 1909 (Ga. L. 1909,

Page 3581

p. 757), as amended, so as to change the corporate limits thereof; and for other purposes. This 20th day of February, 1996. Michael Polak, 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: February 29, 1996. /s/ Michael C. Polak Representative, 67th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6. 1997 (SEAL) Approved March 25, 1996. APPLING COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 556 (House Bill No. 1874). AN ACT To amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Appling County, approved March 25, 1994 (Ga. L. 1994, p. 4150), so as to provide that such nonpartisan nomination and election of the judge of the Probate Court of Appling County shall being with the election held in 1996; to provide 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 nonpartisan nomination and election of the judge of the Probate Court of Appling County, approved March 25, 1994 (Ga. L. 1994, p. 4150), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following:

Page 3582

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 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 1996 session of the General Assembly of Georgia a bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Appling County, approved March 25, 1994 (Ga. L. 1994, p. 4150); and for other purposes. This 20th day of December, 1995 Senator Edward E. Boshears 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger C. Byrd, who, on oath, deposes and says that he is Representative from the 170th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxely News-Banner, which is the official organ of Appling County, on the following date: December 27, 1995. /s/ Roger C. Byrd Representative, 170th District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 25, 1996.

Page 3583

CITY OF ROSWELLHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 557 (House Bill No. 1672). 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 each resident of the City of Roswell who is 65 years of age or older if the gross income of such resident, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to repeal a certain prior 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. (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 indebtendness, 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. 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.

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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, 1996. 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. An Act providing a $20,000.00 homestead exemption from the City of Roswell ad valorem taxes for certain residents, approved March 27, 1995 (Ga. L. 1995, p. 3603), is repealed effective at the last moment of December 31, 1996. SECTION 9. 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 on the date of the 1996 general primary 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 Fulton County. The ballot shall have written or printed thereon the words:

Page 3585

() YES () NO Shall the Act be approved which provides 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 a resident's homestead for each resident of the City of Roswell who is 65 years of age or older if the resident's gross income, together with the gross income of the spouse residing at the same homestead, does not exceed $40,000.00 for the immediately preceding taxable year? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 8 of this Act shall become of full force and effect immediately. If Sections 1 through 8 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Roswell. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 10. Except as otherwise provided in Section 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill, pursuant to Article VII, Section II, Paragraph 11 (a) (2) of the Georgia Constitution to provide for homestead exemption for the City of 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 9th day of February, 1996 Representative Thomas R. Campbell, Jr. 42nd District GEORGIA, FULTON COUNTY

Page 3586

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Campbell, who, on oath, deposes and says that he is Representative from the 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 9, 1996. /s/ Tom Campbell Representative, 42nd District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. MUSCOGEE COUNTY MAGISTRATE COURT; ADDITIONAL MAGISTRATE. No. 558 (House Bill No. 1407). AN ACT To amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, approved March 24, 1984 (Ga. L. 1984, p. 4109), as amended, so as to provide for the appointment of an additional magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, approved March 24, 1984 (Ga. L. 1984, p. 4109), as amended, is amended by adding a new section immediately following Section 2, to be designated Section 2A, to read as follows: SECTION 2A. The chief magistrate shall be authorized to appoint a magistrate. The term of the magistrate so appointed shall run concurrently with the term of the chief magistrate by whom such magistrate was appointed. SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Page 3587

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly by Georgia a bill to amend an Act providing that the judge of the Municipal Court of Columbus and Muscogee County shall serve as the chief magistrate of the Magistrate Court of Muscogee County, approved March 24, 1984 (Ga. L. 1984, p. 4109), as amended, so as to provide for the appointment of an additional magistrate; and for other purposes. This the 16th day of January, 1996. 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, who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: January 16, 1996. /s/ Thomas B. Buck Representative, 135th District Sworn to and subscribed before me, this 17th day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 25, 1996. ELBERT COUNTY STATE COURT; JUDGE AND SOLICITOR; COMPENSATION. No. 559 (House Bill No. 1428). AN ACT To amend an Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. L. 1896, p. 287), as amended, particularly by an Act approved February 6, 1952, (Ga. L. 1952, p. 2211), an Act approved February 8, 1955 (Ga. L. 1955, p. 2117), an Act approved March 27, 1972 (Ga. L. 1972, p. 2396), an Act approved March 26, 1980 (Ga. L. 1980, p. 4199), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), so as to change the provisions relating to the salaries of the judge and solicitor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3588

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. L. 1896, p. 287), as amended, particularly by an Act approved February 6, 1952 (Ga. L. 1952, p. 2211), an Act approved February 8, 1955 (Ga. L. 1955, p. 2117), an Act approved March 27, 1972 (Ga. L. 1972, p. 2396), an Act approved March 26, 1980 (Ga. L. 1980, p. 4199), and an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), is amended by striking Section 1 of that amendatory Act approved February 6, 1952 (Ga. L. 1952, p. 2211), as amended by an Act approved March 27, 1985 (Ga. L. 1985, p. 4188), and inserting in lieu thereof the following: SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia approved December 19, 1896 (Ga. L. 1896, p. 287), and all Acts amendatory thereof, shall be amended by increasing the salary of the judge of said court as follows: Effective July 1, 1996 $1,250.00 per month Effective July 1, 1997 $1,500.00 per month Effective July 1, 1998 $1,750.00 per month Effective July 1, 1999 $2,000.00 per month Said salary shall include compensation for all office expenses and shall be paid to him or her each month out of the treasury of the County of Elbert. SECTION 2. Said Act is further amended by striking Section 3 of said amendatory Act and inserting in lieu thereof the following: SECTION 3. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia establishing the City Court of Elberton, in Elbert County, approved December 19, 1896 (Ga. L. 1896, p. 287) and all Acts amendatory thereof, be further amended so as increase the salary of the solicitor of the said court as follows:

Page 3589

Effective July 1, 1996 $1,250.00 per month Effective July 1, 1997 $1,500.00 per month Effective July 1, 1998 $1,750.00 per month Effective July 1, 1999 $2,000.00 per month Said salary shall include compensation for all office expenses and shall be paid to him or her each month out of the treasury of the County of Elbert. SECTION 3. This Act shall become effective on July 1, 1996. 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 1996 regular session of the General Assembly of Georgia legislation to amend an Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287) as amended, so as to change the provisions relating to the salaries of the Judge and Solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. This 11th day of January, 1996. Tom McCall 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 Elbert County Examiner, which is the official organ of Elbert County, on the following date: January 16, 1996. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CHEROKEE COUNTY PARKS AND RECREATION AUTHORITYSECRETARY AND TREASURER. No. 560 (House Bill No. 1450). AN ACT To amend an Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), so as to change certain provisions regarding the selection of the secretary and treasurer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223), is amended by striking subsection (e) of Section 2 and inserting in its place a new subsection (e) to read as follows: (e) The authority shall elect one of its members as chairperson and one of its members as vice chairperson. The authority is authorized to appoint a secretary and treasurer who shall not be a member of the authority. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating the Cherokee County Parks and Recreation Authority, approved April 5, 1995 (Ga. L. 1995, p. 4223); and for other purposes. This 15th day of January, 1996. Representative Steve Stancil 16th District Garland Pinholster 15th District Melanie S. Harris 17th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3591

the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: January 17, 1996. /s/ Steve Stancil Representative, 16th District Sworn to and subscribed before me, this 18th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF HIAWASSEE MAYOR; TERM. No. 561 (House Bill No. 1483). AN ACT To amend an Act entitled An Act to provide a new charter for the City of Hiawassee, approved April 13, 1993 (Ga. L. 1993, p. 5262), so as to provide that the mayor shall serve a term of four years; 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 City of Hiawassee, approved April 13, 1993 (Ga. L. 1993, p. 5262), is amended by striking in its entirety subsection (b) of Section 5.11 and inserting in lieu thereof the following: (b) The mayor who was elected to such office at the municipal election of 1995 shall continue to serve out his or her term of office, which shall expire on December 31, 1997. The councilmembers elected to Post One and Post Two who were elected to their respective offices at the municipal general election in 1993 shall serve out the remainder of their terms of office, which shall expire on December 31, 1997. The successors to the mayor and such councilmembers shall be elected at the municipal general election in 1997 and every four years thereafter, shall take office on the first day of January following the election, and shall serve terms of four years and until their successors are duly elected and qualified. SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide a new charter for the City of Hiawassee, approved April 13, 1993 (Ga. L. 1993, p. 5262); and for other purposes. This 10th day of January, 1996. 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 Towns County Herald, which is the official organ of Towns County, on the following date: January 18, 1996. /s/ Ralph Twiggs Representative, 8th District Sworn to and subscribed before me, this 25th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. STEWART COUNTY BOARD OF EDUCATION; COMPENSATION AND EXPENSES. No. 562 (House Bill No. 1500). 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, 1969 (Ga. L. 1969, p. 2264), as amended, so as to provide for the compensation and expenses of the members of the Board of Education of Stewart 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 relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L.

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1969, p. 2264), as amended, is amended by adding, following Section 1 of said Act, a new Section 1.1 to read as follows: SECTION 1.1. Members of the Board of Education of Stewart County shall each receive within per diem of $75.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. All accounts for such service and expenses shall be approved and verified prior to reimbursement in such manner as shall be specified by the board. The compensation of members of the board shall be paid only from the local tax funds available to such local board for educational purposes. As a part of the compensation of such office, each member of the board shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the Official Code of Georgia Annotated. 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. INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 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, so as to provide for the compensation and expenses of the members of the Board of Education of Stewart County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 11th day of January, 1996. SECTION 1.1 Members of the Board of Education of Stewart County shall each receive a per diem of $75.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. All accounts for such service and expenses shall be approved and verified prior to reimbursement in such

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manner as shall be specified by the board. The compensation of members of the board shall be paid only from the local tax funds available to such local board for educational purposes. As a part of the compensation of such office, each member of the board shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the Official Code of Georgia Annotated 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. 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 18, 1996. /s/ Gerald Greene Representative, 158th District Sworn to and subscribed before me, this 25th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. WALTON COUNTY PROBATE COURT; MISDEMEANOR JURISDICTION. No. 563 (House Bill No. 1511). AN ACT To provide that the judge of the Probate Court of Walton 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The judge of the Probate Court of Walton 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 1996 session of the General Assembly of Georgia a bill to provide that the judge of the Probate Court of Walton County shall have jurisdiction to try certain misdemeanor cases; and for other purposes. This 10th day of January, 1996. Representative Len Walker 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: January 17, 1996. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 25th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF COLLEGE PARK MAYOR AND COUNCIL; COMPENSATION. No. 564 (House Bill No. 1514). AN ACT To amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 254), as amended, particulary by an Act approved April 2, 1963 (Ga. L. 1963, p. 2684), as amended, so as to change the salaries of the mayor and councilmembers; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 254), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2684), as amended, is amended by striking the provisions relating to the amount of the salary of the mayor and each councilmember from Section 1 of said amendatory Act (as codified in subsection (a) of Section 2.5 of the Code of Ordinances of the City of College Park) and substituting in lieu thereof the following provision: The salary of the mayor of the City of College Park shall be $9,600.00 per annum, payable monthly in equal installments. The salary of each councilmember shall be $7,200.00 per annum, payable monthly in equal installments. Such salaries of the mayor and each councilmember may be further amended by ordinance of the mayor and council pursuant to Code Section 36-35-4 of the O.C.G.A. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter of the City of College Park, approved December 18, 1995 (Ga. L. 1995, p. 254), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2684), as amended so as to change the salaries of the Mayor and councilmember; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1996. Representative Joe Heckstall 55th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Heckstall, who, on oath, deposes and

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says that he is Representative from the 55th District, and that the attached copy 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 26, 1996. /s/ Joe Heckstall Representative, 55th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. WILCOX COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 565 (House Bill No. 1517). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Wilcox County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Wilcox County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill providing that motor vehicles shall

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be registered and licensed to operate in Wilcox County during a nonstaggered period beginning on January 1 and ending on April 30 each year; and for other purposes. This 8th day of Jan., 1996. Representative New Hudson 156th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official organ of Wilcox County, on the following date: January 10, 1996. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CALHOUN COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 566 (House Bill No. 1520). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Calhoun County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such

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period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Calhoun County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of January, 1996. Gerald Greene State Representative, District 158 January 24, 1996 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun-Clay Herald, which is the official organ of Calhoun County, on the following date: January 24, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CLAY COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 567 (House Bill No. 1521). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Clay County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Clay County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law: to provide an effective date: to repeal conflicting laws: and for other purposes. This 24th day of January, 1996. Gerald Greene State Representative. District 158 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Calhoun-Clay Herald, which is the official organ of Clay County, on the following date: January 24, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 30th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CARROLL COUNTY BOARD OF COMMISSIONERS; QUALIFICATIONS; ELECTIONS. No. 568 (House Bill No. 1523). AN ACT To amend an Act consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 252), so as to change certain age and residency qualifications and election requirements for members of that governing authority; 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 consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, except as amended by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 252), is amended by striking subsection (a) of Section 4 thereof and inserting in its place the following: (a) The chairman of the commission shall be a citizen of this state, at least 21 years of age, and shall have been a resident of Carroll County for at least one year immediately prior to taking office. The chairman shall be elected by the electors voting from the county at large and must receive the number of votes cast for that office as required by general law. The chairman shall be nominated and elected pursuant to Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended.

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SECTION 2. Said Act, as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 252), is further amended by striking subsection (c) of Section 2, as amended by said amendatory Act, and inserting in its place the following: (c) Each district commissioner shall be a citizen of this state, at least 21 years, of age, and shall have been a resident of the respective election district for at least one year immediately prior to taking office. Each district commissioner shall be elected by the electors voting within the respective election district and not at large and must receive the number of votes cast for that office as required by general law. The chairperson shall be elected by the electors voting from the county at large and must receive the number of votes cast for that office as required by general law. Any commissioners who cease to be residents of their respective commissioner districts, or resident of the county in the case of the chairperson, during their terms of office shall thereby vacate their seats on the commision. All members of the commission shall be nominated and elected pursuant to the provisions of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. SECTION 3. Said Act, as amended, particularly by an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 252), is further amended by striking Section 4 thereof and inserting in its place the following: SECTION 4. The chairperson of the commission shall be a citizen of this state, at least 21 years of age, and shall have been a resident of Carroll County for at least one year immediately prior to taking office. The chairperson shall be elected by the electors voting from the county at large, must receive the number of votes cast for that office as required by general law, and shall serve for a four-year term. The chairperson shall be nominated and elected pursuant to Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' as now or hereafter amended. SECTION 4. (a) Except as otherwise provided in subsection (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall only become effective if Section 1 of an Act creating the position of county manager for Carroll County, approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 252) does not become of full force and effect before the date to begin qualifying for election to county office in 1996, in which event Section 1 of this Act shall become effective on the date immediately preceding the date to begin so qualifying.

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(c) Sections 2 and 3 of this Act shall only become effective if Section 1 of an Act creating the position of county manager for Carroll County, approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 252) becomes of full force and effect before the date to begin qualifying for election to county office in 1996, in which event Sections 2 and 3 of this Act shall become effective on the date immediately preceding the date to begin so qualifying. 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 1996 session of the General Assembly of Georgia a bill to amend an Act consolidating the laws pertaining to the governing authority of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended; and for other purposes. This 18th day of January, 1996. 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 the Times-Georgian, which is the official organ of Carroll County, on the following date: January 26, 1996. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CARROLL COUNTY JUVENILE COURT; INTAKE AND PROBATION SERVICES; TRANSFER TO DEPARTMENT OF CHILDREN AND YOUTH SERVICES. No. 569 (House Bill No. 1524). AN ACT To transfer the intake and probation services of the Juvenile Court of Carroll County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a transfer of employees; to provide for the approval of such transfer; to provide for a contingent applicability date; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act is enacted pursuant to the provisions of Code Section 15-11-9.1 of the O.C.G.A. Subject to the provisions of Section 2 of this Act, the intake and probation services of the Juvenile Court of Carroll County are transferred to and shall become a part of the state-wide juvenile and intake services and shall be fully funded through the Georgia Department of Children and Youth Services. All probation and intake employees, as such terms are defined in Code Section 15-11-9.1, shall be transferred to the department in compliance with said Code section. The transfer of such employees is hereby approved. SECTION 2. The provisions of Section 1 of this Act shall become applicable only upon the appropriation of funds specifically for the purpose of transferring the intake and probation services of the Juvenile Court of Carroll County as provided in Section 1 of this Act. SECTION 3. Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to transfer the intake and probation services of the Juvenile Court of Carroll County tot he state-wide juvenile

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and intake services funded by the Georgia Department of Children and Youth Services; and for other purposes. This 18th day of January, 1996. 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 the Times-Georgian, which is the official organ of Carroll County, on the following date: January 26, 1996. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY INTEREST RATES. No. 570 (House Bill No. 1548). AN ACT To change the interest rates on bonds, notes, or other obligations of the Dodge County-Eastman Development Authority; to provide for the basis of such change; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The interest rate on or rates to be borne by any bonds, notes, or other obligations of the Dodge County-Eastman Development Authority shall be fixed by that authority and may be a flexible or fixed rate and may be changed from time to time as may be determined by that authority, notwithstanding any contrary provisions in that amendment referred to in Section 2 of this Act.

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SECTION 2. Section 1 of this Act is enacted pursuant to the power granted in paragraph L. of that amendment to the Georgia Constitution which created the Dodge County-Eastman Development Authority (Ga. L. 1968, p. 1693), which amendment was continued in force and effect by an Act approved March 25, 1986 (Ga. L. 1986, p. 4534), which paragraph authorizes the General Assembly by law to further define and enlarge or restrict the powers of that authority. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to change the interest rates on bonds, notes, and other obligations of the Dodge County-Eastman Development Authority; and for other purposes. This 22nd day of January, 1996. REPRESENTATIVE TERRY L. COLEMAN 142nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman, who, on oath, deposes and says that he is Representative from the 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: January 25, 1996. /s/ Terry L. Coleman Representative, 142nd District Sworn to and subscribed before me, this 31st day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CONSOLIDATED GOVERNMENT OF AUGUSTA-RICHMOND COUNTY TORT AND NUISANCE LIABILITY. No. 571 (House Bill No. 1576). AN ACT To amend an Act providing for the consolidated government of Augusta-Richmond County, approved March 27, 1995 (Ga. L. 1995, p. 3648), so as to provide for the tort and nuisance liability for such consolidated government; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the consolidated government of Augusta-Richmond County, approved March 27, 1995 (Ga. L. 1995, p. 3648), is amended by adding a new section to be designated Section 21, to read as follows: SECTION 21. The tort and nuisance liability of the consolidated government of Augusta-Richmond County shall follow the law and rules of tort liability applicable to counties in Georgia. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the regular 1996 Session of the General Assembly of Georgia a Bill to amend the Act providing for the consolidation of Richmond County with the City of Augusta, as found in 1995 Ga. Law, p. 3648, to provide that the nuisance and tort liability of the consolidated government shall follow the law applicable to counties; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 20th day of December, 1995. JAMES B. WALL County Attorney for Richmond County, GA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Allen, who, on oath, deposes and says

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that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Chronicle, which is the official organ of Richmond County, on the following date: December 27, 1995. /s/ Benjamin Allen Representative, 117th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CHARLTON COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 572 (House Bill No. 1592). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Charlton County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Charlton County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to enact local legislation to provide that all vehicles shall be registered and licensed to operate for

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calendar year 1997, and thereafter in Charlton County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; and for other purposes. This 11th day of January, 1996. Representative Charles C. Smith, Jr. 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 17, 1996. /s/ Charlie Smith, Jr. Representative, 175th District Sworn to and subscribed before me, this 1st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. COOK COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; APPOINTMENT; TERMS; VACANCIES. No. 573 (House Bill No. 1601). AN ACT To amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), so as to provide that the chief judge of the superior court shall appoint the chief magistrate; to provide for the term of office, vacancies, the date the initial appointee shall take office, and compensation; 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 that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved

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March 12, 1984 (Ga. L. 1984, p. 4090), is amended by striking in its entirety Section 2 and inserting in its place the following: SECTION 2. (a) The chief judge of the Superior Court of Cook County shall appoint the chief magistrate of the Magistrate Court of Cook County for a term of four years. The initial chief magistrate appointed in accordance with this section shall take office on January 1, 1997. In the event of a vacancy in the office of chief magistrate for any reason, the chief judge of the Superior Court of Cook County shall appoint a successor to complete the unexpired term. (b) The chief magistrate shall be compensated in accordance with state 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 1996 session of the General Assembly of Georgia a bill to amend an Act providing that the judge of the Probate Court of Cook County shall serve as chief magistrate of the Magistrate Court of Cook County, approved March 12, 1984 (Ga. L. 1984, p. 4090), so as to provide that the chief judge of the superior court shall appoint the chief magistrate; to provide for the term of office, vacancies, the date the initial appointee shall take office, and compensation; to provide for related matters; to repeal conflicting laws; and for other purposes. This 19th day of January, 1996. s/ Hanson Carter Honorable Hanson Carter Representative, 166th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 166th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Adel News-Tribune, which is the official organ of Cook County, on the following date: January 31, 1996. /s/ Hanson Carter Representative, 166th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. IRWIN COUNTY BOARD OF COMMISSIONERS; ELECTIONS; TERMS; REFERENDUM. No. 574 (House Bill No. 1605). 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 provide for staggered elections for the chairman and members of the board; to provide for a referendum; to provide for the submission of this Act to the United States Attorney General; 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 Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: SECTION 2. The first chairman and members of the board of commissioners elected under this Act shall be elected at the 1996 general election which shall be conducted on the Tuesday next following the first Monday in November, 1996. The chairman and those members of the board elected thereto from Commissioner Districts 1 and 3 in 1996 shall take office 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 members of the board elected thereto from Commissioner Districts 2 and 4 in 1996 shall take office the first day of January immediately following that

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election and shall serve for initial terms of office which expire December 31, 2002, and upon the election and qualification of their respective successors. Those and all future successors to the chairman and members of the board whose terms of office are to expire shall be elected at the 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 office of four years. The chairman and 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. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Irwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Irwin County for approval or rejection. The election superintendent shall conduct that election on the date of the 1996 presidential preference primary 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 Irwin County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for staggered terms of office forthe chairman and members of the board of commissioners of Irwin County? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, this Act shall be automatically repealed on April 1, 1996. The expense of such election shall be borne by Irwin 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 governing authority of Irwin 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 4. 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.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1996 Session of the General Assembly of Georgia a bill to amend an act creating the Board of Commissioners of Irwin County, Georgia, Ga. Laws 1933 p. 571, as amended; in order to provide for staggered terms for the County Commissioners; to provide that the compensation and wages of the Clerk and Secretary of the County Commission shall be determined and set by the Commission; and for other purposes. This 25th day of January, 1996. 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: January 31, 1996. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. IRWIN COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 575 (House Bill No. 1606). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Irwin County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Irwin County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. 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 1996 Session of the General Assembly of Georgia a bill to provide that motor vehicles shall be registered and licensed to operate in Irwin County during a non-staggered period beginning on January 1 and ending on April 30 each year; and for other purposes. This 25th day of January, 1996. 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: January 31, 1996. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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BEN HILL COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 576 (House Bill No. 1607). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Ben Hill County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1997, the registration period for all vehicles authorized or required to be registered in Ben Hill County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill providing that motor vehicles shall be registered and licensed to operate in Ben Hill County during a NON-STAGGERED period beginning January 1 and ending April 30 each year; and for other purposes. This 31st day of January, 1996. Representative Newt Hudson, 156th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. N. Hudson, who, on oath, deposes and says that he is Representative from the 156th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Herald-Leader, which is the official organ of Ben Hill County, on the following date: January 31, 1996. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. IRWIN COUNTY BOARD OF COMMISSIONERS; SECRETARY; CLERK; COMPENSATION. No. 577 (House Bill No. 1608). AN ACT To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4057) and an Act approved March 28, 1985 (Ga. L. 1985, p. 4915), so as to change provisions relating to the salary of the secretary of the board of commissioners; to change provisions relating to the salary of the clerk of the board of commissioners; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4057) and an Act approved March 28, 1985 (Ga. L. 1985, p. 4915), is amended by striking Section 6A and inserting in its place a new Section 6A to read as follows: SECTION 6A. (a) (1) The board of commissioners shall elect a clerk of the board of commissioners who shall serve as its clerk and shall have such duties as are specified by the board and shall hold office under the control and direction of the board and serve at its pleasure and may be dismissed by the board at any time and a successor employed. (2) The salary of said clerk shall be determined by the board. The salary shall be paid by warrant issued by the board as other warrants

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for county costs and expenses are paid. Said clerk may, or may not, be required to give bond in the amount, if required, as fixed by the board, the premiums on such bond to be paid out of county funds as other expenses of the county are paid. (b) (1) The board of commissioners may employ a secretary who shall serve at the pleasure of the board. The board shall prescribe the duties of the secretary. (2) The salary of the secretary shall be determined by the board. The salary shall be paid by warrant issued by said board as other warrants for county costs and expenses are paid. Said secretary may, or may not, be required to give bond in the amount, if required, as fixed by the board, the premiums on such bond to be paid out of county funds as other expenses of the county are paid. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1996 Session of the General Assembly of Georgia a bill to amend an act creating the Board of Commissioners of Irwin County, Georgia, Ga. Laws 1933 p. 571, as amended; in order to provide for staggered terms for the County Commissioners; to provide that the compensation and wages of the Clerk and Secretary of the County Commission shall be determined and set by the Commission; and for other purposes. This 25th day of January, 1996. 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

Page 3618

the Ocilla Star, which is the official organ of Irwin County, on the following date: January 31, 1996. /s/ W. N. Hudson Representative, 156th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. ATHENS-CLARKE COUNTY STATE COURT; ADDITIONAL JUDGE; PROVISIONS REPEALED. No. 578 (House Bill No. 1615). AN ACT To amend an Act entitled An Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), as amended, particularly by an Act approved March 27, 1991 (Ga. L. 1991, p. 3537), so as to repeal certain provisions relating to an additional judge for such court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act establishing a City Court in the County of Clarke, formerly known as the State Court of Clarke County, Georgia, approved September 8, 1879 (Ga. L. 1878-79, p. 291), as amended, particularly by an Act approved March 27, 1991 (Ga. L. 1991, p. 3537), is amended by repealing Section 1 of such amendatory Act. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the CEO and Commission of the Unified Government of Athens-Clarke County, Georgia intends to apply to the General Assembly at the 1996 regular session thereof, to introduce legislation repealing those portions of an act of the General Assembly of the State of Georgia (1991 Ga. Laws, pp. 3537) which establishes a second State Court Judge and Clerk for that State Court, and retaining that

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portion of the act which establishes the salary of the State Court Judge at its current level. This notice is given pursuant to Section 28-1-14 OCGA. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 25, 1996. /s/ Louise McBee Representative, 88th District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. MACON WATER AUTHORITY SERVICES, FACILITIES, AND COMMODITIES FURNISHED; DAMAGES TO PROPERTY. No. 579 (House Bill No. 1617). AN ACT To amend an Act known as the Macon Water Authority Act approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to add a definition of the term services, facilities, and commodities furnished; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Macon Water Authority Act approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), is amended by adding a new paragraph (6) to Section 4 of said Act to read as follows: (6) `Services, facilities, and commodities furnished' shall mean and include, but shall not be limited to, the cost of repairing damages to the property and effects of customers of the authority resulting from

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water and sewer breaks or backups occurring within the authority's water and sewer systems up to a maximum of $1,000.00 per occurrence, without regard to liability or fault. 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 Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 1996 Session of the General Assembly of Georgia to amend an Act of the General Assembly entitled Macon Water Authority Act, approved March 23, 1992 (Ga. L. 1992, page 499), et seq.) so as to add in Section 4 of said Act a definition of the term services, facilities and commodities furnished, to provide an effective date; to repeal conflicting laws; and for other purposes. This 18th day of December, 1995. s/ W. Warren Plowden, Jr. Attorne for the Macon Water Authority 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 Macon Telegraph, which is the official organ of Bibb County, on the following date: December 23, 1995. /s/ Robert Ray Representative, 128th District Sworn to and subscribed before me, this 3rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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BUTTS COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION; PROVISIONS REPEALED. No. 580 (House Bill No. 1629). 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 22, 1990 (Ga. L. 1990, p. 4432), so as to repeal certain provisions relating to the compensation of the chief magistrate of that 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 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 22, 1990 (Ga. L. 1990, p. 4432), is amended by striking Section 3 thereof, which reads as follows: SECTION 3. (a) The chief magistrate shall receive a minimum annual salary of $14,000.00. (b) In addition to the base salary provided in subsection (a) of this section on and after the date this subsection becomes effective, the chief magistrate shall receive a supplemental salary which shall be an amount equal to 3 percent of the base salary per year. The supplemental salary shall be payable in equal monthly installments from the funds of Butts County. (c) This section shall not decrease the salary or supplement of the chief magistrate during the term of office of that chief magistrate. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 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,

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1984 (Ga. L. 1984, p. 4308), as amended, particularly by an Act approved March 22, 1990, (Ga. L. 1990, p. 4432); and for other purposes. This 22nd day of January, 1996. 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 the Jackson Progress-Argus, which is the official organ of Butts County, on the following date: January 24, 1996. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF ATLANTA ENTERPRISE ZONES; DURATION. No. 581 (House Bill No. 1631). AN ACT To amend the Atlanta Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3642), so as to change the provisions relating to the duration of zones created for residential purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Atlanta Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3642), is amended by striking paragraph (2) of subsection (c) of Section 8 thereof, which reads as follows:

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(2) A zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished., and inserting in its place the following: (2) (A) Except as provided in subparagraph (B) of this paragraph, a zone shall exist for ten years after the effective date of its creation and at the end of this period the zone and all exemptions established therein pursuant to this Act shall be abolished. (B) If a zone is located in an area designated as an urban redevelopment area before January 1, 1994, and the effective date of the creation of the zone was on or after January 1, 1992, but before January 1, 1994, and no more than five qualifying housing units were completed in that zone before January 1, 1996, such zone shall exist for 14 years after the effective date of its creation. At the end of such 14 year period, the zone and all exemptions established therein pursuant to this Act shall be abolished. The exemption under this Act for such qualifying housing construction in such zone which has been completed before January 1, 1996, shall expire ten years after the effective date of the creation of such zone in which is located such completed construction. The schedule of reduction in the exemptions provided for by paragraph (1) of this subsection shall begin on the effective date of the creation of the zone for qualifying housing construction completed before January 1, 1996, and that schedule shall begin on January 1, 1996, for qualifying housing construction completed on or after January 1, 1996. In no event may property be granted the exemption provided under this subparagraph for more than ten years. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend the Atlanta Urban Enterprise Zone Act, so as to expand the criteria for census tracts which are eligible for designation as residential zones under the Act; and to amend the minimum site size for such zones. This 26th day of January 1996 Stanley S. Jones, Jr. Esq. 1201 Peachtree St., N.E. 400 Colony Square, Suite 2200 Atlanta, GA 30361 GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grace W. 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 the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 26, 1996. /s/ Grace W. Davis Representative, 48th District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. RANDOLPH COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 582 (House Bill No. 1658). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Randolph County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. 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 1996 session of the General Assembly of Georgia a bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Randolph County during the four-month nonstaggered registration period from January 1 through April as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1996. Gerald Greene State Representative District 158 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southern Tribune, which is the official organ of Randolph County, on the following date: January 25, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 8th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. COBB COUNTY STATE COURT; JUDGE PRO HAC VICE. No. 583 (House Bill No. 598). 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 certain provisions relating to the judge pro hac vice; 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 Section 13

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thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows: SECTION 13. Judge pro hac vice. A judge of the state court Division I and Division II may appoint some qualified person as a judge pro hac vice to discharge the duties of a judge temporarily when the services of a pro hac vice are required or when a judge is absent or unable or disqualified to discharge the duties of his or her office. In the event a judge is unable to make such appointment, the chief judge of the state court shall do so. When the appointment of a person as judge pro hac vice, together with his or her oath, which shall be the same as required of the judge, has been recorded in the office of the probate court of the county, such pro hac vice may exercise all the powers of the judge of the state court. The appointment may be vacated at any time by order of the appointing judge to be likewise recorded, and any other competent person who is a resident of Cobb County may be appointed as judge pro hac vice as herein provided. The compensation of such judge pro hac vice shall be set by the judges of the state court and shall be paid from county funds. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 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, 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

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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 3rd day of February, 1995. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. FULTON COUNTY FULTON COUNTY SCHOOL EMPLOYEES PENSION FUND; MINIMUM PENSION; SPOUSES' BENEFITS; AGE. No. 584 (House Bill No. 749). AN ACT To amend an Act entitled An Act to Continue the Fulton County School Employees Pension Fund, approved April 5, 1994 (Ga. L. 1994, p. 4706), so as to provide a minimum pension amount; to provide that spouses' benefits shall continue after the remarriage of the spouse; to change the definition of a year of service; to provide that there shall be no minimum retirement age; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to Continue the Fulton County School Employees Pension Fund, approved April 5, 1994 (Ga. L. 1994, p. 4706), is amended by striking in its entirety Section 5E, relating to minimum pension benefits, and inserting in lieu thereof the following: SECTION 5E. Minimum pension benefits. Notwithstanding any other provision of this Act, any person who was a pensioner on July 1, 1994, or who retires after that date shall receive a pension in an amount not less than a sum equal to $17.00 per month multiplied by the number of the pensioner's years of creditable service, not to exceed 40 years. The minimum pension which shall be payable to the beneficiary of any such person shall be 70 percent of the pension received by such person. Any cost of living adjustments due to any

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pensioner or beneficiary shall be based on the pension he or she would be entitled to receive under this Act without regard to the provisions of this section, and no such increase shall operate to increase the minimum pension guaranteed by this section. The provisions of this section shall not apply to any person who is receiving a pension under the Teachers Retirement System of Georgia. SECTION 2. Said Act is further amended by striking in its entirety Section 6B, relating to qualifications for spouses' benefits, and inserting in lieu thereof the following: SECTION 6B. Qualification for spouse's pension. Notwithstanding any other provision of this Act, the spouse of a deceased member otherwise entitled to receive a pension, shall be entitled to a pension only if he or she was married to the deceased member prior to his or her retirement or for a period of five years prior to the time when such member was entitled to retire. A pension awarded to a spouse pursuant to this section shall continue for the life of such spouse without regard to his or her remarriage. SECTION 3. Said Act is further amended by striking in its entirety Section 29, relating to the computation of a year of service, and inserting in lieu thereof the following: SECTION 29. Computation of years of service. A year of service shall consist of the completion of nine months of contract service during the period from July 1 through June 30 of any fiscal year; provided, however, that no person shall receive more than one year of service for all service rendered during such period. If an employee renders less than nine months of service during any such period, he or she shall receive credit for a fraction of a year computed by dividing the number of months of service by nine months. SECTION 4. Said Act is further amended by inserting immediately following Section 38 a new Section 39 to read as follows: SECTION 39. No mandatory retirement age. Notwithstanding any other provision of this Act, in compliance with federal law, there shall be no mandatory retirement age for any person

Page 3629

participating in the fund; provided, however, that nothing in this section shall be construed as to divest any rights of any individual participating in the fund prior to the effective date of this Act. SECTION 5. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 6. 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 an Act to amend an Act continuing the Fulton County School Employees Pension Fund approved April 5, 1994, Ga. L. 1994, p. 4706, as amended, and for other purposes. This 27th day of December, 1994. FULTON COUNTY SCHOOL EMPLOYEES PENSION BOARD By: JOHN TYE FERGUSON GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Holmes, who, on oath, deposes and says that he is Representative from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: December 27, 1994. /s/ Bob Holmes Representative, 53rd 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 25, 1996.

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EARLY COUNTY BOARD OF COMMISSIONERS; TERMS. No. 585 (House Bill No. 1870). AN ACT To amend an Act creating the Board of Commissioners of Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, so as to provide for staggered terms of office for members of the board of commissioners; to provide for applicability; 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 Early County, approved March 24, 1933 (Ga. L. 1933, p. 515), as amended, is amended by striking from Section 2 of said Act the following: The members of the board of commissioners shall be elected for a term of four years, and until their successors are elected and qualified. SECTION 2. Said Act is further amended by adding at the end of Section 3 of said Act a new subsection (f) to read as follows: (f) The chairperson and members elected in the 1996 general election from Commissioner Districts 2 and 4 shall have initial terms of office of four years and until their respective successors are elected and qualified. The members elected in such election from Commissioner Districts 1 and 3 shall have initial terms of office of two years and until their respective successors are elected and qualified. Thereafter, successors to members of the board shall be elected in the general election immediately preceding the expiration of the respective terms of office and shall be elected for terms of four years and until their respective successors are elected and qualified. The provisions of this subsection shall be applicable to all terms of office beginning after December 31, 1996. SECTION 3. Section 1 of this Act shall become effective on January 1, 1997. The remaining provisions of this Act shall become effective 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 1996 session of the General Assembly of Georgia a bill to amend an act creating a Board

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of Commissioners of Early County, approved March 24, 1933 (GA L 1933, p. 515), as amended, to create staggered terms for members of the Board of Commissioners and for other purposes. February 27, 1996 Early County Board of Commissioners Bette Grier, Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News, which is the official organ of Early County, on the following date: February 29, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF DACULA MAYOR AND COUNCIL; VACANCIES. No. 586 (House Bill No. 800). AN ACT To amend an Act creating a new charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, so as to change the manner 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 creating a new charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended, is amended by striking Section 5.12 thereof in its entirety and inserting in lieu thereof a new Section 5.12 to read as follows: SECTION 5.12. In the case of a vacancy in the office of a councilmember, from failure to elect, death, removal, or any cause whatsoever, such vacancy shall be

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filled by appointment by the mayor and the remaining councilmembers. In the case of a vacancy in the office of mayor from failure to elect, death, removal, or any cause whatsoever, such vacancy shall be filled by appointment by the council. Such appointments shall be for the remainder of the unexpired term of office and no election shall be held to fill such vacancy. 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 creating a new charter for the City of Dacula, approved February 21, 1978 (Ga. L. 1978, p. 3040), as amended; and for other purposes. This 10th day of February, 1995. Honorable Tommy Stephenson Representative, 25th District 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 Gwinnett Post-Tribune, which is the official organ of Gwinnett County, on the following date: February 10, 1995. /s/ Tommy Stephenson Representative, 25th 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 25, 1996. DOUGLAS COUNTY COMMUNITY IMPROVEMENT DISTRICTS; CREATION IN CITY OF LITHIA SPRINGS. No. 587 (House Bill No. 1057). AN ACT To amend an Act known as the Douglas County Community Improvement Districts Act, approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5130), so as to change certain definitions; to authorize the creation of community improvement districts within the City of Lithia Springs; to change provisions relating to governing boards, administration, creation, activation, and boundaries of such districts; to change provisions relating to the levy and payment of taxes, fees, and assessments; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Douglas County Community Improvement Districts Act, approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approved March 31, 1992 (Ga. L. 1992, p. 5130), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new section to read as follows: SECTION 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts. Such districts may be created within Douglas County or within each municipality in Douglas County or within the county and the municipalities. Such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act or any supplemental resolution amending the same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. SECTION 2. Said Act is further amended by striking in Section 3 paragraph (2), subparagraph (D) of paragraph (4), paragraph (5), and paragraph (6), and inserting in lieu thereof the following:

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(2) `Board' means a governing body for a community improvement district comprised of the members of the Douglas County Board of Commissioners, the mayor of the City of Douglasville, the mayor of the City of Lithia Springs, and the executive director of the Douglasville-Douglas County Water and Sewer Authority. (D) All costs of engineering, surveying, and architectural and legal services, including litigation, and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (5) `District' means the geographical area designated as such by the resolution of the board and the governing authority consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the board and the governing authority within which the district is or is to be located as the context requires or permits. (6) `Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property,' with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned by the board among the properties subject thereto based upon the degree to which the governmental services and facilities provided by the district benefit each property. The degree of benefit to each property will be determined by evaluating such factors as front footage, acreage, value, number of employees or visitors, traffic counts, property distance from services, water usage, waste water generation, and such additional factors as the board considers to be appropriate. SECTION 3. Said Act is further amended in Section 3 by inserting a new paragraph to be designated paragraph (8) to read as follows: (8) `Governing authority' means the duly elected political body of Douglas County or any municipality thereof., and by renumbering the existing paragraphs 8, 9, 10, and 11, as paragraphs 9, 10, 11, and 12, respectively. SECTION 4. Said Act is further amended by striking in their entirety Sections 4, 5, and 6 and inserting in lieu thereof new sections to read as follows: SECTION 4. Creation; project specifications; conflicts of interest. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts

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to be located in Douglas County, Georgia, either wholly within the unincorporated area of the county or wholly within the City of Douglasville or wholly within the City of Lithia Springs or partly within one or both of the aforementioned cities and partly within the unincorporated area of the county, each of which shall be activated upon compliance with the conditions provided in this Act and each of which shall be governed by the board as defined in this Act. The conditions for such activation shall be: (1) The adoption of a resolution consenting to the creation of each community improvement district by the board and by: (A) The governing authority of Douglas County if the district is located wholly within the unincorporated area of Douglas County; (B) The governing authority of the City of Douglasville if the district is located wholly within the incorporated area of Douglasville; (C) The governing authority of the City of Lithia Springs if the district is located wholly within the incorporated area of Lithia Springs; or (D) The governing authorities of Douglas County and any municipality thereof if the district is located partially within the unincorporated area of the county and partially within such municipality or municipalities; and (2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the approved county ad valorem tax digest in effect immediately prior to the board's adoption of the consenting resolution as required in paragraph (1) of this subsection. The consent to the creation of the district shall be shown on a ballot provided by the board. The ballot shall include, but is not limited to, general information concerning the boundaries of the district, the nature of the improvements to be provided, the method of assessment, the projected cost, information concerning the total principal and interest to be paid each year for the parcel involved, and the term of the

Page 3636

payments. The written consents received by the board as provided for above shall be submitted to the Douglas County tax commissioner who shall certify whether subparagraphs (A) and (B) of paragraph (2) of this subsection have been satisfied with respect to each such proposed district. Ballots not submitted by the date specified and contingent written consents shall be considered to be ballots opposing creation of the district. (b) No district created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and with the Department of Community Affairs. (c) The Douglas County tax commissioner shall record upon the real property records of the clerk of Superior Court of Douglas County a notice designating each parcel located in any community improvement district. (d) No parcel shall be included in a community improvement district if ad valorem taxes payable to any governing authority are delinquent. (e) Any property owner or owners seeking to have organized a community improvement district within Douglas County, Georgia, shall make application to the board on forms considered acceptable by the board. The application shall include, among other things, the name, address, and tax parcel number for each parcel sought to be included in the proposed community improvement district, together with detailed specifications for the project proposed for the district. Upon the receipt of the application for the organization of a community improvement district, the board shall proceed in accordance with the terms and provisions of this Act and all related constitutional and statutory provisions. SECTION 5. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any taxes, fees, or assessments so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all real property within the district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments

Page 3637

levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of development within the district and not for the purpose of providing those governmental services and facilities provided to the county or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by Douglas County in the same manner as taxes, fees, and assessments levied by Douglas County. Delinquent taxes shall bear the same interest and penalties as Douglas County ad valorem taxes and may be enforced and collected in the same manner. Any tax, fee, or assessment levied with respect to a community improvement district shall be paid concurrently with all other taxes, fees, and assessments of any nature levied with respect to the real property located within the district. Any delinquency in the payment of any tax, fee, or assessment associated with the community improvement district shall constitute a delinquency with respect to all other taxes, fees, or assessments of any nature levied with respect to such properties. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of such taxes, fees, and assessments, shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes provided in subsection (a) of this section between January 1 and October 1 each calendar year and notify in writing the collecting authority by October 15 each year so the collecting authority may include the levy on the annual ad valorem tax bills. The board likewise shall notify in writing all owners of real property within the district before August 1 each calendar year of the taxes, fees, or assessments associated with the community improvement district. The owners of the real property within the community improvement district, within 30 days from the date of the receipt of such notice, may appeal any such taxes, fees, or assessments to the board on the basis that the board has failed to levy any such taxes, fees, and assessments within the manner required by subsection (a) of this section. The board shall hear the appeal of the owner of the real property and make a final decision concerning that matter on or before October 1 in that same year. Following that point, or if no appeal shall be asserted by the owner of the real property located within the district, the levy made by the board shall be final. Notwithstanding the appeal provisions of this subsection, however, the board shall not be required to give notice of the levy for the funding of the community improvement district in any year in which the taxes, fees, and assessments are unchanged from the taxes, fees, and assessments for the preceding year. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event, for bonded indebtedness of the district then outstanding, until said bonded indebtedness then outstanding is paid or refunded.

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SECTION 6. Boundaries of the districts. (a) The boundaries of each district shall be designated as such by the board and the Douglas County Board of Commissioners if wholly within the unincorporated area of Douglas County, by the Douglas County Board of Commissioners and the governing authority of an incorporated area if located partially within the unincorporated area of Douglas County and partially within the city limits of either Douglasville or Lithia Springs or by the governing authority of the incorporated area if wholly within the incorporated area of either Douglasville or Lithia Springs. The boundaries of the district shall be defined as set forth in the resolution required in Section 4 of this Act. The boundaries of such district may thereafter be expanded as provided in subsection (b) of this section. (b) The boundaries of a district may be expanded after the initial creation of a district with the following: (1) The unconditional written consent to the expansion of the district by: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board; and (B) The owners of the real property within the area sought to be annexed into the community improvement district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and The consent to the expansion of the district shall be shown on a ballot provided by the board. The ballot shall include the information described in paragraph (2) of subsection (a) of Section 4 of this Act. (2) The adoption of a resolution consenting to the annexation by the board and the Douglas County Board of Commissioners if any portion of the district is or is to be in the unincorporated area of Douglas County and by the board and the governing authority or authorities of the incorporated area involved if the district is within the corporate limits of either Douglasville or Lithia Springs. (c) In the event the boundaries of any community improvement district are expanded as provided herein, all parcels located in the new area shall be assessed such taxes, fees, and assessments as shall be determined by the board. The board likewise shall make such adjustments to the

Page 3639

assessments of existing parcels within the community improvement district as shall be deemed equitably apportioned in light of the addition of additional participants in the community improvement district. SECTION 5. Said Act is further amended by striking in its entirety Section 8 and inserting in lieu thereof a new section to read as follows: SECTION 8. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and any governing authority or authorities of the area within which the district is wholly or partially located. The provisions of this section shall in no way limit the authority of Douglas County or any such municipality to provide services or facilities within the district; and Douglas County or such municipalities shall retain full and complete authority and control over any of their facilities located within their respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. SECTION 6. Said Act is further amended by striking in its entirety subsection (a) of Section 9 and inserting in lieu thereof the following: (a) The board shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend one or more community improvement districts; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or

Page 3640

any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its bonds, notes, or other obligations; loan agreements; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and

Page 3641

transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant thereto; (12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (13) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be in the best advantage of the district and the public purposes thereof; (14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Douglas County and any municipal corporations; (16) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (17) To do all things necessary or convenient to carry out the powers conferred in this Act. 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 amend an Act known as the Douglas County Community Improvement Districts Act, approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, to provide for the creation of community improvement districts within the City of Lithia Springs: to provide specifications for ballots consenting to the creation of districts: to provide for notice on the real estate records of Douglas County of inclusion of properties in community improvement districts: to require granting of easements: to state the effect of a failure to pay taxes associated with community improvement districts: to make provisions for the collection of community imporovement district assessments upon the sale of property within the community improvement

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district: to set forth guidelines for making applications for community improvement districts, to provide for the review of assessments, to repeal conflicting laws, and for other purposes. This 7th day of March, 1995. s/ PERRY J. MCGUIRE 99th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the following date: March 7, 1995. /s/ Bill Hembree Representative, 98th 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 25, 1996. WHITE COUNTY ADVISORY REFERENDUMS ON COMPREHENSIVE LAND USE REGULATIONS, SALE OF WINE, AND ANIMAL CONTROL. No. 588 (House Bill No. 1181). AN ACT To provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas of the county; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created; to provide for legislative findings and declarations; to provide for procedures and requirements; 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. It is the purpose of this Act to provide for an advisory referendum election to be held in White County for the purpose of ascertaining whether the

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electors of such county are in favor of (1) comprehensive land regulations for the unincorporated areas of the county; (2) the retail sale of wine at farm wineries; and (3) animal control regulations and the creation of an animal control department. SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of White County shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting three questions to the electors of said county to determine: (1) Whether the county governing authority should establish comprehensive land use regulations for all unincorporated areas of White County; (2) Whether the county governing authority should allow the retail sale of wine at farm wineries; and (3) Whether the county governing authority should establish animal control regulations and an animal control department to be funded by the county. The superintendent shall set the date of such election for the earliest date in 1996 which is permissible under state law and the federal Voting Rights Act and shall issue the call therefore not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of White County. The ballot shall have written or printed thereon the following: Advisory Referendum Election () YES () NO () YES () NO Should the White County Board of Commissioners adopt a resolution establishing comprehensive land use regulations for all unincorporated areas of White County by December 31, 1996? Should the White County Board of Commissioners adopt a resolution allowing retail sale of wine at farm wineries only, as provided by O.C.G.A. Sections 3-6-21 and 3-6-40, with an effective date of January 1, 1997? Such a resolution would not allow the retail sale of beer or wine at any other establishment not covered by said farm winery regulations?

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() YES () NO Should the White County Board of Commissioners adopt an animal control resolution establishing animal control regulations and an animal control department to be funded by the county budget beginning with the 1996-97 fiscal year? Such an animal control department would include, but not be limited to, an animal control officer, an appropriate vehicle, and an operating budget? (b) It shall be the duty of the election superintendent of White County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within White County. The expense of such election shall be borne by White County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of White County and is for a public purpose and is an essential governmental function for which public funds may be expended. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia, a bill to provide for an advisory referendum election to be held in White County for the purpose of determining whether the White County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas of the County; to determine whether the retail sale of wine should be allowed at farm wineries only; to determine whether animal control regulations should be established and an animal control department created; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 29th day of December, 1995. s/ Kenneth G. Vandiver Chairman White County Commission 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

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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: January 4, 1996. /s/ Ben Purcell Representative, 9th District Sworn to and subscribed before me, this 8th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. WASHINGTON COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 589 (House Bill No. 1201). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Washington County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1997, the registration period for all vehicles authorized or required to be registered in Washington County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that all vehicles shall be registered and licensed to operate for calendar year 1997 and thereafter in Washington County during the four-month nonstaggered registration

Page 3646

period from January 1 through April 30 as provided by general law; to repeal conflicting laws; and for other and for other purposes. This 13th day of December, 1995. Representative Jimmy Lord 121st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord, who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of Washington County, on the following date: December 13, 1995. /s/ Jimmy Lord Representative, 121st District Sworn to and subscribed before me, this 9th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF RICHMOND HILL RECREATION AUTHORITY CREATION. No. 590 (House Bill No. 1225). AN ACT To create the City of Richmond Hill Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, civic centers, stadiums, related buildings, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority the determination of which shall be in the sole discretion of the mayor and council; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the recreational facilities and to execute leases of such facilities and to convey title to real property in fee simple of the authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions, including specifically the City of Richmond Hill, to enter into contracts pertaining to uses of such facilities and areas, which contracts and leases shall obligate the lessees to make payment for the use of such areas and facilities for the term thereof and to pledge for that purpose revenues derived from taxation; to provide that no debt of the City of Richmond Hill or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to provide for construction; to provide for conveyance of property upon dissolution; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the City of Richmond Hill Recreation Authority Act. SECTION 2. (a) There is created a body corporate and politic to be known as the City of Richmond Hill Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution, nor a department or agency of the state, but

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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 Bryan County, and its legal situs or residence for the purposes of this Act shall be Bryan County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of seven members who shall be residents of the City of Richmond Hill and who shall be appointed by the mayor and council of the City of Richmond Hill. The mayor and council of the City of Richmond Hill shall initially appoint two members for terms of two years each, two for terms of four years each, and three for terms of six years each. After expiration of the initial terms, the terms of all members shall be six years. If at the end of any term of office of any member, a successor to such member has not been elected, the member whose term of office has expired shall continue to hold office until a successor is elected. A majority of the authority shall constitute a quorum. (c) One member of the council or the mayor of the City of Richmond Hill may be appointed to serve as a member of the authority. (d) Any member of the authority may be selected and appointed to succeed himself or herself. Immediately after such appointments, the members of such authority shall enter upon their duties. (e) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. (f) The authority shall elect one of its members as chairperson and another member as vice chairperson. The city clerk of the City of Richmond Hill shall be the secretary and treasurer. Said city clerk shall not be a member of the authority. (g) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (h) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. (i) The authority shall make rules and regulations for its own government. It shall have perpetual existence. (j) Any member of the authority may be removed from office by the governing authority which appointed such member for failure to perform

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his duties as a member of the authority. Such failure shall include without limitation the failure to attend a majority of the regularly scheduled meetings in a calendar year. Any office so vacated shall be filled within 60 days by appointment by the mayor and council of the City of Richmond Hill. The new appointee shall serve the remainder of the unexpired term to which he is appointed. SECTION 3. As used in this Act, the term: (1) Authority shall mean the City of Richmond Hill 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 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 and libraries, archives, and arts and sciences programs and facilities, including, but not limited to, golf courses, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, civic centers, stadiums, libraries, museums, archives, and related arts and sciences facilities, and related buildings, and the usual and convenient facilities appeartaining 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.

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(4) Revenue bonds, bonds, and obligations, as used in this Act, shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining and repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 4. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any property on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such lands or upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall then be in the City of Richmond Hill, Bryan County, or any other municipality incorporated in said county, the governing authority or body of said county or any of the said municipalities is authorized to 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

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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 exployees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for use of the City of Richmond Hill, Bryan County, or any municipality in Bryan County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof and the authority is specifically authorized to convey title in fee 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 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

Page 3652

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; (11) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and the City of Richmond Hill and Bryan County as the lessee; (13) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (14) To advise the City of Richmond Hill on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of the City of Richmond Hill and Bryan County. SECTION 5. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in

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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, the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. SECTION 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the state. SECTION 7. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 8. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 of Title 36, the Revenue Bond Law. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. SECTION 9. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or the City of Richmond Hill, or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the

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state or any political subdivision thereof, including specifically said city, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, the City of Richmond Hill and any other political subdivision contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and, the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. SECTION 10. The revenues, rents, and earnings derived from any particular project or projects, and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings, were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources, and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of: (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the 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

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property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority. SECTION 12. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. SECTION 13. The property of the authority shall not be subject to levy and sale under legal process. SECTION 14. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Bryan County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. SECTION 15. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the 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 judgement 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

Page 3656

municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority. SECTION 16. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and upon the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds. SECTION 17. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority. SECTION 18. This Act and any other law enacted with reference to the City of Richmond Hill Recreation Authority shall be liberally construed for the accomplishment of its purposes. SECTION 19. The scope of the authority's operation shall be limited to the territory embraced within Bryan 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 the City of Richmond Hill; 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 lines, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. SECTION 21. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE Notice is hereby given that there will be introduced during the 1996 regular session of the General Assembly of Georgia, a bill relative to the creation of the City of Richmond Hill Recreation Authority and for other purposes. Richard R. Davis, Mayor City of Richmond Hill 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 published in the Richmond Hill-Bryan County News, which is the official organ of Bryan County, on the following date: January 3, 1996. /s/ Ann R. Purcell Representative, 147th District Sworn to and subscribed before me, this 9th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF LAGRANGE EMPLOYEES; GRIEVANCE AND APPEALS BOARD. No. 591 (House Bill No. 1259). AN ACT To amend an Act creating a new charter for the City of LaGrange, Georgia, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4617), so as to authorize the creation or abolition by ordinance of a grievance and appeals board to hear and determine certain personnel issues and to fix the procedure, rules, and regulations therefor; to authorize the grievance appeals board to issue subpoenas to compel attendance of witnesses and production of documents and to provide for the enforcement of the subpoena by the judge of the State Court of Troup County, Georgia; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of LaGrange, Georgia, approved March 8, 1968 (Ga. L. 1968, p. 2191), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4617), is amended by striking Section 2.18 thereof and inserting a new Section 2.18 to read as follows: SECTION 2.18. Inquiries and investigations. (a) The mayor and 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 mayor and council shall be punished as provided by ordinance. (b) The mayor and council of the City of LaGrange are hereby authorized to create or to abolish, by ordinance, a grievance and appeals board for the city to hear, determine, and decide personnel issues as defined therein; to fix the number of, qualifications, and terms for membership on such board; and to fix the rules, regulations, policies, and procedures for the grievance appeals board. (c) The grievance appeals board may, by ordinance, be authorized to issue subpoenase to require the attendance of witnesses or the production of documentary or other evidence, to fix a standard witness fee, and to provide for the enforcement of such subpoena by the judge of the State Court of Troup County, Georgia, upon petition by the city manager or any other party filing the petition, including but not limited to assessment of attorney's fees and costs for filing such petition. 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 1996 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. L. 1968, P. 2191), as amended, so as to authorize the creation of a Grievance Appeals Board for the City; to fix the rules and

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regulations therefor; to authorize the Grievance Appeals Board to issue subpoenas; to provide for the enforcement thereof; and for other purposes. This 15th day of December, 1995. James R. Lewis, Attorney for City of La- Grange, Georgia 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: December 15, 1995. /s/ Carl Von Epps Representative, 131st District Sworn to and subscribed before me, this 9th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. BERRIEN COUNTYBOARD OF COMMISSIONERS; COMPENSATION; TERMS. No. 592 (House Bill No. 1333). AN ACT To amend an Act creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, Vol. 2, p. 664), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2810), so as to change the compensation of the members of the board of commissioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county, approved August 19, 1927 (Ga. L. 1927), as amended, particularly by an Act approved March 1, 1937 (Ga. L. 1937, p. 1250), so as to provide for staggered terms for commissioners; to provide that the terms of commissioners in office on a specified date shall not be changed by this Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, Vol. 2, p. 664), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2810), is amended by striking in its entirety Section 1A and inserting in lieu thereof the following: SECTION 1A. (a) Until January 1, 1997, the members of the board of commissioners of Berrien County shall have the authority to fix their own compensation, provided that the aggregate compensation to be received by all members of the board shall not exceed $750.00 per month, notwithstanding any other provisions of this Act to the contrary. (b) Notwithstanding any other provisions of this Act to the contrary, beginning on January 1, 1997, each member of the board of commissioners shall be compensated at the rate of $500.00 monthly. (c) In addition to the salary provided by this section, the members of the board of commissioners shall be reimbursed from the funds of the county for all actual and necessary travel expenses when traveling outside the limits of the county for county purposes. SECTION 2. An Act providing for the election of the members of the board by the qualified voters of the entire county, approved August 19, 1927 (Ga. L. 1927), as amended, particularly by an Act approved March 1, 1937 (Ga. L. 1937, p. 1250), is amended by striking in its entirety Section 2 of said amendatory Act and inserting in lieu thereof the following: SECTION 2. (a) This Act shall not change the terms of the commissioners in office on July 1, 1996. (b) The person elected to serve as commissioner from District 1 in 1996 shall take office on January 1, 1997, and serve for a term of four years and until a successor for such district is elected and qualified. The person elected to serve as commissioner from District 2 in 1996 shall take office on January 1, 1997, and serve for a term of four years and until a successor for such district is elected and qualified. The person elected to serve as commissioner from District 3 in 1996 shall take office on January 1, 1997, and serve for a term of two years and until a successor for such district is elected and qualified. (c) Successors to commissioners elected in accordance with subsection (b) of this section shall be elected for terms of four years and until their

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respective successors are elected and qualified. Thereafter, commissioners shall be elected for terms of four years. SECTION 3. (a) Except as provided by subsection (b) of this section, this Act shall take effect on July 1, 1996. (b) Subsection (b) of the quoted language in Section 1 of this Act shall take effect 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 creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, Vol. 2, p. 664), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2810), so as to change the compensation of the members of the board of commissioners; to amend an Act providing for the election of the members of the board by the qualified voters of the entire county, approved August 19, 1927 (Ga. L. 1927), as amended, particularly by an Act approved March 1, 1937 (Ga. L. 1927, p. 1250), so as to provide for staggered terms for commissioners; to provide that the terms of commissioners in office on a specified date shall not be changed by this Act; to repeal conflicting laws; and for other purposes. This 10th day of January, 1996. Honorable Hanson Carter Representative, 166th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 166th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Berrien Press, which is the official organ of Berrien County, on the following date: January 10, 1996. /s/ Hanson Carter Representative, 166th District Sworn to and subscribed before me, this 18th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. WEBSTER COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 593 (House Bill No. 1363). AN ACT To provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Webster County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Webster County shall be February 1 through March 31 of each calendar year for all vehicles owned by entities other than natural persons and for all vehicles owned by natural persons the registration period shall be the designated four-month staggered registration period from January 1 through April 30 of each calendar year as provided in subparagraph (a) (1) (B) of Code Section 40-2-21 of the O.C.G.A., and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such designated periods. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given to the citizens of Webster County, Georgia of the intent to introduce local legislation during the 1996 Legislative Session as follows: Effective January 2, 1997, to sell tags in Webster County, Georgia, staggered by the alphabet beginning January 2nd of each year and ending April 30th of each year. Webster County Board of Commissioners Lucius Black George Crawford Jack Holbrook David Scott 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: January 4, 1996. /s/ Bob Hanner Representative, 159th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. CITY OF IVEY MUNICIPAL COURT; POWERS; JURISDICTION. No. 594 (House Bill No. 1373). AN ACT To amend an Act providing for a new charter for the City of Ivey in Wilkinson County, approved March 28, 1986 (Ga. L. 1986, p. 5160), 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a new charter for the City of Ivey in Wilkinson County, approved March 28, 1986 (Ga. L. 1986, p. 5160), is amended by striking Section 4.13 in its entirety and inserting in lieu thereof a new Section 4.13 to read as follows: SECTION 4.13. 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. (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.

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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 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. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing a new character for the City of Ivey, approved March 28, 1986 (Ga. L. 1986, p. 5160); and for other purposes.

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This the 5th day of January, 1996. Kenneth W. Birdsong Representative Kenneth W. Birdsong 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, 1996. /s/ Kenneth W. Birdsong Representative, 123rd District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 25, 1996. CITY OF NORCROSS RETIREMENT PLAN FOR EMPLOYEES; RESIDENCY OF MAYOR; COMMITTEE CHAIRPERSONS; CITY MANAGER; OFFICERS; TAXES. No. 595 (House Bill No. 1374). AN ACT To amend an Act entitled An Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4727), so as to change a certain definition; to authorize the city to maintain a retirement plan for municipal employees; to change the residency requirement for the office of mayor; to delete certain provisions relating to the appointment and service of committee chairpersons; to change a certain duty of the mayor; to change a certain duty of the city manager; to change certain provisions relating to appointed officers; to change certain provisions relating to the collection of delinquent taxes; to change certain provisions relating to the transfer of executions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3680), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4727), is amended by striking in its entirety paragraph (1) of subsection (c) of Section 1.13 and inserting in lieu thereof the following: (1) `Appointed officer' where used herein shall mean all administrative officers, including the city clerk, city treasurer, city attorney, city accountant, city engineer and city manager. Such term shall not include members of boards, commissions, or authorities. SECTION 2. Said Act is further amended by striking in its entirety paragraph (32) of Section 1.14 and inserting in lieu thereof the following: (32) Retirement. To provide and maintain a retirement plan for employees of the city. SECTION 3. Said Act is further amended by striking in its entirety subsection (b) of Section 2.11 and inserting in lieu thereof the following: (b) No person shall be eligible to serve as mayor or councilmember unless such person shall have been a resident of the city for a period of not less than one year immediately prior to the date of the election of the mayor or members of the city council and shall continue to reside therein during such person's period of service and shall be registered and qualified to vote in municipal elections of the City of Norcross, Georgia, and unless such person shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. SECTION 4. Said Act is further amended by striking in its entirety subsection (b) of Section 2.20 and by striking the designation (a) at the beginning of the first paragraph of such section. SECTION 5. Said Act is further amended by striking the word and at the end of paragraph (8) of Section 2.29; by striking the symbol . at the end of paragraph (9) of such section and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of such section the following:

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(10) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember. SECTION 6. Said Act is further amended by striking in its entirety subsection (c) of Section 3.10 and inserting in lieu thereof the following: (c) Except as otherwise provided by this charter, appointed officers of the city shall serve at the pleasure of the city council. Vacancies occurring in an appointed office shall be filled in the same manner as prescribed by this charter for an original appointment. SECTION 7. Said Act is further amended by striking in its entirety Section 6.19 and inserting in lieu thereof the following: SECTION 6.19 Collection of delinquent taxes and fees. The city council, by ordinance, may provide for the collection of delinquent taxes, fees, or other revenues due the city under Sections 6.10 through 6.18 of this charter by fieri facias issued by the General Government Administration department and executed by the city manager or his or her designee under the same procedure provided by the law governing execution of such process from the superior court or by the use of any other available legal processes and remedies. The city council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not exceeding the maximum rate of interest allowable under the laws of Georgia. A lien shall exist against all property upon which the city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In case of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city. SECTION 8. Said Act is further amended by striking in its entirety Section 6.20 and inserting in lieu thereof the following: SECTION 6.20 Transfer of executions. The general government administration department head shall be authorized to assign or transfer any fieri facias or execution issued for any tax, street, sewer, or other assessment in the same manner and to the

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same extent as provided by Georgia law regarding sales and transfers of tax fieri facias; provided, however, that upon levy of execution and sale of property pursuant to such tax fieri facias, whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his or her right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fieri facias as said requirements now exist or may be hereinafter provided by law. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced for passage at the 1996 Session of the General Assembly of Georgia, a local bill to amend an Act providing a new charter for the City of Norcross, Georgia approved March 28, 1990 (Ga. Laws 1990, p. 4934), as amended, to change certain sections of the Charter including but not limited to the sections dealing with appointed officers, procedures for collection of delinquent taxes and fees due the City, retirement, rules of procedure, qualifications for office; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 6th day of November, 1995. -s-Maurice Allen, Mayor City of Norcross, Georgia -s-Peter E. Boyce, City Attorney Authentication by: -s-Sue Dennen, City Clerk (Seal) 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 Daily Post, which is the official organ of Gwinnett County, on the following date: December 19, 1995. /s/ Brooks P. Coleman, Jr. Representative, 80th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CITY OF WOODBINE NEW CHARTER. No. 596 (House Bill No. 1376). AN ACT To provide a new charter for the City of Woodbine; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city administrator, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Woodbine in Camden 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 Woodbine. References in this charter to the city or this city refer to the City of Woodbine. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written

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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 Woodbine, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (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

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revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the

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commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and

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the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean,

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prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, 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;

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(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL SECTION 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor and councilmembers shall serve for terms of 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 city for 12 months immediately preceding the

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election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that 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 Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Woodbine shall consist of one election district with four at-large posts. (e) On the Tuesday next following the first Monday in November, 1997, and on that day quadrennially thereafter, there shall be elected two councilmembers. Then, on the Tuesday next following the first Monday in November, 1999, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. It is the purpose of this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. SECTION 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.

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(2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. SECTION 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. SECTION 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. SECTION 2.16. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties;

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(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of 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; (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 city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he 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 city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he 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 city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.

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(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act. SECTION 2.17. Removal of officers. (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfesance 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 all remaining councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Camden 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 Camden County following a hearing on a complaint seeking such removal brought by any resident of the City of Woodbine.

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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 city council shall be vested with all the powers of government of this city as provided by Article I of this charter. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping 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 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers or two councilmembers and the mayor shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers 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.

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SECTION 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Woodbine hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency

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ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (a) The clerk shall authenticate by 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 shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Woodbine, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of

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any changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. SECTION 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Preside at city council meetings; (3) Exercise oversight over all executive and administrative work of the city; (4) Cause to be prepared and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and

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(12) Perform such other duties as may be required by general state law, this charter, or ordinance. SECTION 3.23. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three working days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without 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 on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.

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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 city administrator, 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 city administrator shall be nominated by the city administrator with confirmation of appointment by the city council. The city administrator may suspend or remove directors under the city administrator's supervision but such suspension or removal shall not be effective for ten calendar days following the city administrator's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the city administrator's action by a vote of three councilmembers as provided by the city personnel policy. SECTION 4.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he 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 the office, such oath to be prescribed by ordinance and administered by the mayor.

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(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least three years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney. SECTION 4.13. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 4.14. City administrator. (a) The city council may appoint a city administrator who shall be the chief administrative officer of the city. The city administrator shall be responsible to the Mayor and the city council for the administration and conduct of all city affairs placed in his or her charge by or under the charter of the City of Woodbine or by and under the code or ordinances of the City of Woodbine. (b) The city administrator shall serve for an indefinite term and mayor and council shall affix the compensation for the position.

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(c) The powers and duties of the city administrator shall be as set forth by or under the charter of the City of Woodbine and by or under the code of ordinance of the City of Woodbine. SECTION 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH SECTION 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Woodbine. 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 30 years and shall be a resident of Georgia. All judges shall be appointed by the city council. (c) Compensation of the judge or judges shall be fixed by ordinance.

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(d) Judges may be removed for cause by a vote of three members of the city council and the explicit concurrence of the mayor or by a vote of four members of the 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 city council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt. (c) The municipal court may fix punishment for offenses within its jurisdiction 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, subject to the approval of the city council, 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 and to provide for the forfeiture of such bonds in accordance with Georgia law. (f) The municipal court shall have the authority 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 as provided by Georgia law. (g) Municipal judges shall complete such training as required by Code Section 36-32-11 of the O.C.G.A.

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SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Camden County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may reject or adopt in part or in toto the proposed rules and regulations. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both

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individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, profession, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. SECTION 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

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SECTION 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as 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

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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 city council shall adopt the final operating budget for the ensuing fiscal year not later than December 10 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 set out the estimated revenues in detail by sources and make appropriations according to fund and by organizational unit, purpose, or activity. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. SECTION 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, amend, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any

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building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 10 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 any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. Specific repealer. An Act reincorporating and granting a new charter to the City of Woodbine, approved March 2, 1953 (Ga. L. 1953, Jan Feb. sess., p. 2903), as amended, isrepealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.15. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide a new charter for the City of Woodbine, Georgia; and for other purposes. This 2nd day of January, 1996. Charlie 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 3, 1996. /s/ Charlie Smith, Jr. Representative, 175th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996.

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CITY OF SWAINSBORO CORPORATE LIMITS. No. 597 (House Bill No. 1387). AN ACT To amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4466), so as to change the corporate limits of the City of Swainsboro; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4466), is amended by inserting following Section 1E a new Section 1F to read as follows: SECTION 1F. In addition to any other property included within the corporate limits of the City of Swainsboro, such corporate limits shall also include the following described property: All that tract or parcel of land situate, lying and being in the 53rd G. M. District of Emanuel County, Georgia, containing 4.051 acres of land as shown on a plat prepared by Walter K. Maupin, Jr., Surveyor, dated September 28, 1995, which plat is recorded in Plat Book 16, Page 228 of the Records of the Clerk of Superior Court of Emanuel County, Georgia. Said plat is by express reference incorporated herein for a more full, complete and accurate description of said property. Said property being bounded as shown on said plat as follows: North by the right of way of U. S. Highway Number 1; East by property of Emanuel County Board of Education; South by the right of way of U. S. Highway Number 1; West by property of Independent Life Accident Insurance Company and Parcels 1 and 2 as shown on said plat. 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 in the 1996 regular session of the General Assembly of Georgia a bill to change the corporate limits of the City of Swainsboro and for other purposes.

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This 22 day of December, 1995. James W. Buckley Mayor, City of Swainsboro GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry J. Parrish, who, on oath, deposes and says that he is Representative from the 144th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blade, which is the official organ of Emanuel County, on the following date: January 3, 1996. /s/ Larry J. Parrish Representative, 144th District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. MITCHELL COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 598 (House Bill No. 1390). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mitchell County during the fourmonth nonstaggered registration period from January 1 through April 30 as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Mitchell County shall be a four-month nonstaggered registration period from January 1 through April 30 of each calendar year, and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A.

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SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF LEGISLATION Notice is hereby given that there will be introduced at the 1996 session of the General Assembly of Georgia a bill to provide that Mitchell County continue to have a non-staggered period of four months, January 1 through April 30, for the annual registration of motor vehicles; to provide that said legislation shall become effective without the necessity of a referendum; and for other purposes. Dated this 15th day of January, 1996. A. Richard Royal, State Representative, 164th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Richard Royal, who, on oath, deposes and says that he is Representative from the 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 19, 1996. /s/ A. Richard Royal Representative, 164th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved March 25, 1996. CITY OF GAINESVILLE CITY OF GAINESVILLE SCHOOL DISTRICT; AD VALOREM TAXES FOR BONDED INDEBTEDNESS. No. 599 (House Bill No. 1392). AN ACT To amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3981), relating to the creation of the City of Gainesville School District, so as to change a provision relating to the limit on the rate of ad valorem taxation for bonded indebtedness; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3981), relating to the creation of the City of Gainesville School District, is amended by striking paragraph (4) of subsection (c) of Section 9.11 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The rate of tax to be levied in the manner and for the purposes above set forth in paragraph (1) of this subsection shall be within the discretion of the board. The tax levy authorized by this section is for the support, maintenance, and operation of the school district and to pay the bonded indebtedness of the school district. The 20 mill limitation provided in paragraph (2) of this subsection shall not apply to the school tax levy for the payment of the bonded indebtedness of the school district and shall apply only to the portion of the school tax levy for the support, maintenance, and operation of the school district. 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3981); and for other purposes. This 19th day of January, 1996. Representative Carl Rogers 20th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Rogers, who, on oath, deposes and says that he is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Times, which is the official organ of Hall County, on the following date: January 19, 1996. /s/ Carl Rogers Representative, 20th District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. LAMAR COUNTY LIVESTOCK AND AGRICULTURAL EXPOSITION AUTHORITYCREATION. No. 600 (House Bill No. 1393). AN ACT To create the Lamar County Livestock and Agricultural Exposition 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the Lamar County Livestock and Agricultural Exposition Authority Act.

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SECTION 2. Legislative findings. The General Assembly determines and finds that counties are authorized under Code Section 36-82-61 to engage in undertakings which involve livestock and agricultural exhibits, and that such undertakings will be beneficial to Lamar County. 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. Lamar County Livestock and Agricultural Exposition Authority. (a) There is created a body corporate and politic, to be known as the Lamar County Livestock and Agricultural Exposition 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 nine members. Four of such members shall be residents of Lamar County appointed by the governing authority thereof; two of such members shall be residents of the City of Barnesville appointed by the governing authority thereof; one of such members shall be a resident of the City of Milner appointed by the governing authority thereof; one of such members shall be a resident of Lamar County appointed by the governing authority of the Town of Aldora; and one of such members shall be a resident of Lamar County appointed by the governing authority of the City of Barnesville and County of Lamar Development Authority. The governing authority of Lamar County shall appoint one of its members on the authority for an initial term of one year, one of its members on the authority for an initial term of two years, one of its members on the authority for an initial term of four years, and one of its members on the authority for an initial term of five years. The governing authority of the City of Barnesville shall appoint one of its members on the authority for an initial term of one year and the other of its members on the authority for an initial term of two years. The remaining three members on the authority shall be appointed for initial terms of three years. After the expiration of these initial terms, members shall be appointed for terms of office of three years each. 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

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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 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 Lamar 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 appointing 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. The authority may hold public hearings on its own initiative or at the request of residents of any appointing counties 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) Authority means the Lamar County Livestock and Agricultural Exposition Authority created by this Act.

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(2) Cost of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents', and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing 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 livestock and agricultural exhibition spaces 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. (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 projects which shall come under the control of the authority under the provisions of

Page 3707

this Act or which it may acquire or plan to acquire; to regulate, protect, and police such projects 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; (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 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,

Page 3708

political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authroized 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; (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

Page 3709

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 officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the 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

Page 3710

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, 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 any county which appoints members to the authority nor a pledge of the faith and credit of any of said counties; 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 counties 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

Page 3711

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 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,

Page 3712

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 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.

Page 3713

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 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 Lamar County Livestock and Agricultural Exposition 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 Lamar 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

Page 3714

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. 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 livestock and agricultural exhibition spaces 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.

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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 the counties which appoint members to the authority; 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 such counties as when in the performance of their public duties or work of such counties. 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.

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SECTION 30. Effect on other governments. This Act shall not and does not in any way take from any county making appointment to the authority the power 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. 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for a Lamar County Livestock and Agricultural Exhibition Authority; and for other purposes. This 2nd day of January, 1996. /s/Larry Smith 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

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the Herald-Gazette, which is the official organ of Lamar County, on the following date: January 16, 1996. /s/ Larry Smith Representative, 109th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved March 25, 1996. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY BOARD OF DIRECTORS; COMPENSATION AND ALLOWANCES. No. 621 (Senate Bill No. 310). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to change the compensation and allowances of the members and the chairman of the Authority's Board of Directors; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking in their entirety the first two sentences of subsection (f) of Section 6 of the said Act, and inserting in lieu thereof the following: Each appointed member of the Board, except the Chairman, shall be paid by the Authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, for each day on which that member attends an official meeting of the Board, of any committee of the Board, or of the Authority's Pension Committee, Board of Ethics, or Arts Council; provided, however, that the said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year. If the Chairman of the Board is an appointed member of the Board, the Chairman shall be paid by the Authority a per diem allowance in the the same amount for each day in

Page 3718

which the Chairman engages in official business of the Authority, including but not limited to attendance of any of the aforesaid meetings., so that when so amended said subsection shall read as follows: (f) Each appointed member of the Board, except the Chairman, shall be paid by the Authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, for each day on which that member attends an official meeting of the Board, of any committee of the Board, or of the Authority's Pension Committee, Board of Ethics, or Arts Council; provided, however, that said per diem allowance shall not be paid to any such member for more than 130 days in any one calendar year. If the Chairman of the Board is an appointed member of the Board, the Chairman shall be paid by the Authority a per diem allowance in the same amount for each day in which the Chairman engages in official business of the Authority, including but not limited to attendance of any of the aforesaid meetings. A member of the Board shall also be reimbursed for actual expenses incurred by that member in the performance of that members duties as authorized by the Board. A Board member shall not be allowed employee benefits authorized under Section 8(b). 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 the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act relating to vote requirements on certain contracts; compensation of Board members; and for other purposes. This 30th day of December, 1994. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who, on oath, deposes and says that she is Senator from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3719

the Clayton News/Daily, which is the official organ of Clayton County, on the following date: December 30, 1994. /s/ Nadine Thomas Senator, 10th 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) 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 Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act relating to vote requirements on certain contracts; compensation of Board members; and for other purposes. This 30th day of December, 1994. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who, on oath, deposes and says that she is Senator from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: December 30, 1994. /s/ Nadine Thomas Senator, 10th 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) 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 Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act relating to vote requirements on certain contracts; compensation of Board members; and for other purposes.

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This 29th day of December, 1994. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who, on oath, deposes and says that she is Senator from the 10th 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 officialorgan of DeKalb County, on the following date: December 29, 1994. /s/ Nadine Thomas Senator, 10th 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) 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 Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act relating to vote requirements on certain contracts; compensation of Board members; and for other purposes. This 28th day of December, 1994. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who, on oath, deposes and says that she is Senator from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: December 28, 1994. /s/ Nadine Thomas Senator, 10th 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)

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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 the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act relating to vote requirements on certain contracts; compensation of Board members; and for other purposes. This 30th day of December, 1994. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nadine Thomas, who, on oath, deposes and says that she is Senator from the 10th 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: December 30, 1994. /s/ Nadine Thomas Senator, 10th 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 1, 1996. PUTNAM COUNTYSTATE COURT; JUDGE; SOLICITOR; CLERK; COMPENSATION. No. 670 (House Bill No. 1820). AN ACT To provide for compensation for the judge of the state court of Putnam County, the solicitor of the state court of Putnam County, and the clerk of the state court of Putnam 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. (a) The judge of the state court of Putnam County shall be compensated by an annual base salary in the amount of $15,400.00, to be paid in equal monthly installments from the funds of the county.

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(b) The solicitor of the state court of Putnam County shall be compensated by an annual base salary in the amount of $13,000.00, to be paid in equal monthly installments from the funds of the county. (c) The clerk of the state court of Putnam County shall be compensated by an annual base salary in the amount of $4,800.00, to be paid in equal monthly installments from the funds of the county. (d) On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the salaries in subsections (a), (b), and (c) of this section shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, such salaries shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the salaries in subsections (a), (b), and (c) of this section shall become effective on the first day of January following the date that the cost-of-living increases become effective for state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in such salaries shall become effective on the same date. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to change the compensation of the Judge, Solicitor and Clerk of the State Court of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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

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the Eatonton Messenger, which is the official organ of Putnam County, on the following date: February 1, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. PUTNAM COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; MAGISTRATES; CLERK; COMPENSATION. No. 671 (House Bill No. 1821). AN ACT To amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3953), and particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4668), so as to change provisions relating to compensation for the chief magistrate, the senior magistrate, the junior magistrate, and the magistrate clerk; to provide 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 Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3953), and particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4668), is amended by striking Section 7 in its entirely and inserting in lieu thereof the following: SECTION 7. (a) The annual base salary for the chief magistrate shall be $20,894.00, to be paid in equal monthly installments from county funds. (b) The annual base salary for the senior magistrate shall be $7,800.00, to be paid in equal monthly installments from county funds. The annual base salary for the junior magistrate shall be $4,800.00, to be paid in equal monthly installments from county funds.

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(c) The annual base salary for the magistrate clerk shall be $9,750.00, to be paid in equal monthly installments from county funds. (d) On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the base salaries in subsections (a), (b), and (c) of this section shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, such base salaries shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the base salaries in subsections (a), (b), and (c) of this section shall become effective on the first day of January following the date that the cost-of-living increases become effective for state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in such base salaries shall become effective on the same date. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to change the compensation of the Magistrate Judge, Sr. Magistrate, Jr. Magistrate and Magistrate Clerk of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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

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the Eatonton Messenger, which is the official organ of Putnam County, on the following date: February 1, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. GLASCOCK COUNTY BOARD OF EDUCATION; MEMBERSHIP; DISTRICTS; ELECTIONS; TERMS; QUALIFICATIONS; VACANCIES. No. 672 (House Bill No. 1822). AN ACT To reconstitute the Board of Education of Glascock County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain members of such board and provide for the expiration of their terms; to provide for education districts; to provide for the election of board members in nonpartisan primaries and elections; to provide for the member at large of the board; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Board of Education of Glascock County which existed on January 1, 1996, is continued in existence but on and after January 1, 1997, shall be constituted as provided in this Act. The Board of Education of Glascock County so continued and constituted, sometimes referred to in this Act as the board, shall continue to have the powers, duties, rights, obligations, and liabilities of that Board of Education of Glascock County as existed immediately prior to January 1, 1997, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act. SECTION 2. (a) Those members of the Board of Education of Glascock County who are serving as such on January 1, 1996, and any person selected to fill a vacancy

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in any such offices shall continue to serve as such members for terms of office which expire December 31, 1996. On and after January 1, 1997, the Board of Education of Glascock County shall consist of five members, all of whom shall be elected to represent education districts described in subsection (b) of this section and shall be elected at large. (b) For purposes of electing members of the board of education, other than the member at large, the Glascock County School District is divided into five education districts. One member of the board shall be elected to represent each such district. Those districts shall consist of the following described territory of the Glascock County School District: EDUCATION DISTRICT: 1 Militia District 1167 EDUCATION DISTRICT: 2 Militia District 1168 EDUCATION DISTRICT: 3 Militia District 1169 EDUCATION DISTRICT: 4 Militia District 1234 EDUCATION DISTRICT: 5 All of the territory in the Glascock County School District. SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 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 Education District 1, 2, 3, or 4, a person must reside in that district and must receive the number of votes cast for that office in the entire Glascock County School District as required by general law. Only electors who are residents of the Glascock County School District may vote for a member of the board for that education district. At the time of qualifying for election as a member of the board from an education district, each candidate for such office shall specify the education district for which that person is a candidate. A person elected as a member of the board from an education district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The member of the board who is the member at large may reside anywhere within the Glascock County School District and must receive the number of the votes cast for such office in the entire Glascock County School District as required by general law. The member at large must continue to reside within the Glascock County School District during that person's term of office or that office shall thereupon become vacant. SECTION 4. (a) The first members of the reconstituted Board of Education of Glascock County shall be elected on the Tuesday next following the first Monday in November, 1996. The member at large elected to represent Education District 5 (the entire school district) and those members of the board

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elected to represent Education Districts 1 and 2 in 1996, shall take office 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 members of the board elected thereto from Education Districts 3 and 4 in 1996 shall take office 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. Those 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 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) 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, as amended. SECTION 5. 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 member at large or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-2-54.1 of the O.C.G.A. SECTION 6. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Glascock County to submit this Act to the United States Attorney General for approval. SECTION 7. This section and Section 6 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Glascock County in 1996 shall become effective upon the approval of this Act by the Governor or upon such Act's becoming law without that approval. The remaining provisions of this Act shall become effective January 1, 1997. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1996 Session of the General Assembly of Georgia a bill to amend an Act providing for the

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Board of Education of Glascock County so as to provide for staggered terms for members of the Board of Education; to provide for Nonpartisan elections; to provide for other matters relative thereto; and for other purposes. This 24th day of January, 1996. ANNE MEIN Superintendent Glascock County School System 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 Augusta Chronicle, which is the official organ of Glascock County, on the following date: February 5, 1996. /s/ E. E. Bargeron Representative, 120th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. NEWTON COUNTY WATER AND SEWERAGE AUTHORITY ADDITIONAL REVENUE BONDS. No. 673 (House Bill No. 1823). AN ACT To amend the Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5101), so as to authorize the issuance of additional negotiable revenue bonds; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended, particularly by an Act

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approved April 13, 1994 (Ga. L. 1994, p. 5101), is amended by striking $20 million from Section 10 thereof and inserting in its place $50 million so that when so amended said section shall read as follows: SECTION 10. Revenue bonds. The authority, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority in a sum not to exceed $50 million outstanding at any one time for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the `Revenue Bond Law,' as now provided or may hereafter be provided by amendment thereto, payable 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 1996 session of the General Assembly of Georgia a bill to amend the Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. L. 1970, p. 2449), as amended; and for other purposes. This 9th day of February, 1996. 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

Page 3730

published in the Covington News, which is the official organ of Newton County, on the following date: February 22, 1996. /s/ Denny M. Dobbs Representative, 92nd District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF WARWICK MAYOR AND COUNCIL; COMPENSATION. No. 674 (House Bill No. 1827). AN ACT To amend an Act entitled An Act to provide a new charter for the City of Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580), as amended, so as to change the salary 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 entitled An Act to provide a new charter for the City of Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580), as amended, is amended by striking in its entirety Section 2.13 and inserting in lieu thereof the following: SECTION 2.13. Compensation and expenses. The mayor shall receive as compensation for his or her services the amount of $300.00 a year. The mayor pro tempore shall receive as compensation for his or her services the amount of $225.00 a year. Each councilmember shall receive as compensation for his or her services the amount of $150.00 per year. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. 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 1997 and future fiscal years.

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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 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide a new charter for the City of Warwick, approved April 17, 1975 (Ga. L. 1975, p. 3580), as amended, so as to change the salary of the mayor and councilmembers; and for other purposes. This 19th day of February, 1996. Representative Ray Holland District 157 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 Sylvester Local News, which is the official organ of Worth County, on the following date: February 21, 1996. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. TURNER COUNTY MOTOR VEHICLE REGISTRATION PERIOD; REFERENDUM. No. 675 (House Bill No. 1829). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Turner County during the period from January 1 through April 30 as provided in subparagraph (a) (1) (C) of Code Section 40-2-21 of the O.C.G.A.; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Turner County shall be January 1 through April 30 of each calendar year and all such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such period from January 1 through April 30 of each calendar year as provided in subparagraph (a)(1)(C) of Code Section 40-2-21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will introduced at the regular 1996 session of the General Assembly of Georgia a bill providing that motor vehicles shall be registered and licensed to operate in Turner County during the period of time beginning on January 1 and ending on April 30 each year; and for other purposes. This 11 day of December, 1995. Charles Evans 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 Wiregrass Farmer, which is the official organ of Turner County, on the following date: December 6, 1995. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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LEE COUNTY TREASURER; OFFICE ABOLISHED. No. 676 (House Bill No. 1830). AN ACT To amend an Act entitled An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law, approved August 8, 1916 (Ga. L. 1916, p. 460), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3337), so as to abolish such office; 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 as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law, approved August 8, 1916 (Ga. L. 1916, p. 460), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3337), is amended by repealing said Act and all amendatory Acts thereto. The office of treasurer of Lee County is abolished. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the general Assembly of Georgia a bill to repeal an Act entitled An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law, approved August 8, 1916 (Ga. L. 1916, p. 460), as amended, particularly by an Act approved April 17, 1975 (Ga. L. 1975, p. 3337); and for other purposes. This 19th day of February, 1996. Ray Holland Representative Ray Holland District 157 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 22, 1996. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. WHITFIELD COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 677 (House Bill No. 1835). AN ACT To provide a homestead exemption from certain Whitfield 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 65 years of age or older and whose income from all sources, including the income of all individuals residing within said homestead, does not exceed $15,000.00 per annum; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the applicability of such exemption; to provide for a referendum, effective dates, and 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, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Whitfield County School District ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Whitfield County School District, including taxes to pay interest on and retire school bond indebtedness. SECTION 2. Each resident of the Whitfield County School District who is 65 years of age or older on the first day of January of a taxable year and whose income

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from all sources, including the income of all individuals residing within said homestead, does not exceed $15,000.00 per annum shall be granted an exemption on that person's homestead from all Whitfield County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of that homestead for that taxable year. The value of the homestead in excess of the exempted amount shall remain subject to taxation. SECTION 3. The Tax Commissioner of Whitfield 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 Section 48-5-50.1 of the Official Code of Georgia Annotated. The exemption must be renewed each year and only as long as the owner occupies the residence as a homestead. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Whitfield 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, 1997. SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Whitfield County School District for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide general election conducted 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 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 $30,000.00 homestead exemption from certain ad valorem taxes levied for the Whitfield County School District for residents of that district who are 65 years of age or older and whose gross annual income does not exceed $15,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 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 6 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 Whitfield County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 8. Except for Sections 1 through 6 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 6 of this Act shall become effective as provided in Section 7 of this Act. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for as increased homestead exemption from Whitfield County School District ad valorem taxes for certain residents of that district who are 65 years of age or over; and for other purposes. This 21st day of February, 1996. Representative Gregory H. Kinnamon 4th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Greg Kinnamon, who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Daily Citizen News, which is the official organ of Whitfield County, on the following date: February 23, 1996. /s/ Greg Kinnamon Representative, 4th District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. COLQUITT COUNTY HOMESTEAD EXEMPTIONS; COUNTY TAXES; SCHOOL DISTRICT TAXES; REFERENDUMS. No. 678 (House Bill No. 1836). AN ACT To provide homestead exemptions from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00, excluding certain Social Security benefits, public and private retirement, disability, or pension benefits, and retirement income, and who are totally disabled paralyzed homeowners; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for applicability; to provide for referendums, effective dates, and automatic repeals; to repeal a specific Act if certain conditions are met; to repeal conflicting laws; and for other purposes. 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 Colquitt County, but not including taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the land immediately surrounding the residence shall not exceed five acres.

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(3) Income means gross income, as defined by Georgia law, from all sources, provided that, for purposes of this part, gross income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system nor shall such term include any other retirement income as defined by Georgia law. (4) Totally disabled paralyzed homeowner means any homeowner who is totally confined to a wheelchair or similar device or is totally dependent on a wheelchair or similar device for mobility due to paralysis. SECTION 2. (a) Each resident of Colquitt County who is a totally disabled paralyzed homeowner is granted an exemption on that person's homestead from all Colquitt County ad valorem taxes for county purposes in the amount of $10,000.00 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 $30,000.00 for the immediately preceding calendar year. Any exemption granted under this part shall cease on December 31 of the year in which the person claiming such exemption dies or sells or otherwise transfers the 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 Colquitt County giving the amount of income which the person and the person's spouse 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. The affidavit specified by this subsection shall be filed by the person claiming the exemption on or before April 1 of the year for which the exemption is claimed. SECTION 3. The tax commissioner of Colquitt County or the designee thereof shall provide application forms for each 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 an exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the Official Code of Georgia Annotated. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Colquitt County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

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SECTION 5. Each exemption granted by this part shall not apply to or affect any state taxes, Colquitt County School District taxes for educational purposes, or municipal taxes. Each homestead exemption granted by this part shall be in lieu of and not in addition to any other homestead exemption applicable to Colquitt County ad valorem taxes for county purposes and specifically shall be in lieu of any exemption granted pursuant to an Act approved March 24, 1994 (Ga. L. 1994, p. 3859). SECTION 6. An exemption granted by this part 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 Colquitt County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Colquitt County for approval or rejection. The election superintendent shall conduct said 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 Colquitt County. The ballot shall have written or printed thereon the words: () YES () NO Shall Part 1 of the Act be approved which provides a homestead exemption from Colquitt County ad valorem taxes for county purposes in an amount equal to $10,000.00 of the assessed value of the homestead for certain residents of Colquitt County who have annual incomes not exceeding $30,000.00, excluding certain Social Security benefits, public and private retirement, disability, or pension benefits, and retirement income, and who are totally disabled paralyzed homeowners? All persons desiring to vote for approval of Part 1 of this Act shall vote Yes, and those persons desiring to vote for rejection of Part 1 of this Act shall vote No. If more than one-half of the votes cast on such question are for approval of Part 1 of this Act, Sections 1 through 6 shall become of full force and effect on January 1, 1997. If Part 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 through 6 of this Act shall not become effective and Part 1 of this Act shall be automatically repealed on December 1, 1996. The expense of such election shall be borne by Colquitt County It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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Part 2 SECTION 8. For purposes of this part, 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 Colquitt County School District, but not including taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., except that the land immediately surrounding the residence shall not exceed five acres. (3) Income means gross income, as defined by Georgia law, from all sources, provided that, for purposes of this part, gross income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system nor shall such term include any other retirement income as defined by Georgia law. (4) Totally disabled paralyzed homeowner means any homeowner who is totally confined to a wheelchair or similar device or is totally dependent on a wheelchair or similar device for mobility due to paralysis. SECTION 9. (a) Each resident of the Colquitt County School District who is a totally disabled paralyzed homeowner is granted an exemption on that person's homestead from all Colquitt County School District ad valorem taxes for educational purposes in the amount of $10,000.00 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 $30,000.00 for the immediately preceding calendar year. Any exemption granted under this part shall cease on December 31 of the year in which the person claiming such exemption dies or sells or otherwise transfers the 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 Colquitt County giving the amount of income which the person and the person's spouse 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 whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. The affidavit specified by this subsection shall be filed by the person claiming the exemption on or before April 1 of the year for which the exemption is claimed.

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SECTION 10. The tax commissioner of Colquitt County or the designee thereof shall provide application forms for each 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 an exemption. SECTION 11. The exemption shall be claimed and returned as provided in Code Section 45-5-50.1 of the Official Code of Georgia Annotated. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Colquitt County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 12. Each exemption granted by this part shall not apply to or affect any state taxes, county taxes for county purposes, or municipal taxes. Each homestead exemption granted by this part shall be in lieu of and not in addition to any other homestead exemption applicable to Colquitt County School District taxes for educational purposes and specifically shall be in lieu of any exemption granted pursuant to an Act approved March 24, 1994 (Ga. L. 1994, p. 3859). SECTION 13. An exemption granted by this part shall apply to all taxable years beginning on or after January 1, 1997. SECTION 14. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Colquitt County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Colquitt County School District for approval or rejection. The election superintendent shall conduct said 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 Colquitt County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall Part 2 of the Act be approved which provides a homestead exemption from Colquitt County School District taxes for educational purposes in an amount equal to $10,000.00 of the assessed value of the homestead for certain residents of the Cloquitt County School District who have annual incomes not exceeding $30,000.00, excluding certain Social Security benefits, public and private retirement, disability, or pension benefits, and retirement income, and who are totally disabled paralyzed homeowners? All persons desiring to vote for approval of Part 2 of this Act shall vote Yes, and those persons desiring to vote for rejection of Part 2 of this Act shall vote No. If more than one-half of the votes cast on such question are for approval of Part 2 of this Act, Sections 8 through 13 shall become of full force and effect on January 1, 1997. If Part 2 of this Act is not so approved or if the election is not conducted as provided in this section, Section 8 through 13 of this Act shall not become effective and Part 2 of this Act shall be automatically repealed on December 1, 1996. The expense of such election shall be borne by Colquitt County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 3 SECTION 15. If both Part 1 and Part 2 of this Act are approved in the referendums provided for in Sections 7 and 14 of this Act, an Act providing for a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for educational purposes, approved March 24, 1994 (Ga. L. 1994, p. 3859), is repealed in its entirety on December 31, 1996. If either Part 1 or Part 2 is not approved in such referendums, then such Act shall not be repealed. SECTION 16. Except as otherwise provided in Sections 7, 14, and 15 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 17. 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 iintroduced at the Regular 1996 Session of the General Assembly of Georgia a bill to provide a homestead exemption from Colquitt County ad valorem taxes for county

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purposes and Colquitt County School District taxes for educational purposes for certain residents who are totally disabled paralyzed homeowners; to provide for a referendum; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, who, on oath, deposes and says that he is Representative from the 166th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer, which is the official organ of Colquitt County, on the following date: February 14, 1996. /s/ Hanson Carter Representative, 166th District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF ATLANTA URBAN ENTERPRISE ZONES; MINIMUM ACREAGE. No. 679 (House Bill No. 1844). AN ACT To amend the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 7, 1995 (Ga. L. 1995, p. 4421), so as to change the provisions regarding the minimum acreage within certain such zones; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 7, 1995 (Ga. L. 1995, p. 4421), is amended by striking subparagraph (d)(3)(A) of Section 5 thereof, relating to zones for residential purposes, and inserting in its place the following: (A) When the proposed zone is located within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one-fourth of an acre (0.25 acres) will be required;

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(A.1) When the proposed zone is located beyond 1,000 feet but within 2,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one acre will be required;. SECTION 2. Said Act is further amended by striking paragraph (4) of subsection (d) of Section 5, relating to zones for mixed-use residential and commercial purposes, and inserting in its place the following: (4) A zone for mixed-use residential and commercial purposes may not be less than five acres in size, except: (A) When the proposed zone is located within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one-fourth of an acre (0.25 acres) will be required; or (B) When the proposed zone is located beyond 1,000 feet but within 2,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one acre will be required. 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 1996 session of the General Assembly of Georgia, a bill to Amend the Atlanta Urban Enterprise Zone Act, as amended, so as to reduce the minimum acreage required for a residential/commercial enterprise zone within 1,000 feet of a MARTA Transit Station from one acre to one-fourth of an acre; to reduce the minimum acreage required for a residential or mixed-use residential/commercial enterprise zone beyond 1,000 feet but within 2,000 feet of a MARTA Transit Station from five acres to one acre; to repeal conflicting laws; and for other purposes. This 8th day of February, 1996. Scotty Greenwood Coordinator, Office of Intergovernmental Affairs GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grace W. 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 Decatur-DeKalb News/Era, which is the officialorgan of DeKalb County, on the following date: February 8, 1996. /s/ Grace W. Davis Representative, 48th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia, a bill to Amend the Atlanta Urban Enterprise Zone Act, as amended, so as to reduce the minimum acreage required for a residential/commercial enterprise zone within 1,000 feet of a MARTA Transit Station from one acre to one-fourth of an acre; to reduce the minimum acreage required for a residential or mixed-use residential/commercial enterprise zone beyond 1,000 feet but within 2,000 feet of a MARTA Transit Station from five acres to one acre; to repeal conflicting laws; and for other purposes. This 8th day of February, 1996. Scotty Greenwood Coordinator, Office of Intergovernmental Affairs GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grace W. 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 the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 8, 1996. /s/ Grace W. Davis Representative, 48th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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ATHENS PUBLIC FACILITIES AUTHORITY NAME CHANGED TO ATHENS-CLARKE COUNTY PUBLIC FACILITIES AUTHORITY; REFERENCES; POWERS; MEMBERS; QUORUM. No. 680 (House Bill No. 1845). AN ACT To amend an Act creating the Athens Public Facilities Authority, approved March 17, 1960 (Ga. L. 1960, p. 2531), so as to rename the authority; to change references to the City of Athens, Clarke County, and certain officials of such local governments to Athens-Clarke County and officials of such consolidated government; to provide that the authority shall not take certain actions without a resolution from the governing authority of Athens-Clarke County; to rename the authority's commissioners as members; to provide that commissioners serving on the effective date of this Act shall complete their terms as members; to provide for two additional members; to remove a prohibition against officers and employees of the city's governing authority serving as members of the authority; to change the meeting dates of the authority; to change the quorum for members; to change the definition of a term; 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 Athens Public Facilities Authority, approved March 17, 1960 (Ga. L. 1960, p. 2531), is amended by striking in their entirety Sections 1 and 2 and inserting in lieu thereof the following: SECTION 1. Short title. This Act may be cited as the `Athens-Clarke County Public Facilities Authority Act.' SECTION 2. Athens-Clarke County Public Facilities Authority created. There is hereby created a body corporate and politic to be known as the Athens-Clarke County Public Facilities 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 to be known. Said corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by said corporation shall be public property held and owned for governmental

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purposes and shall be exempt from taxation. The name of the Athens Public Facilities Authority is changed to the Athens-Clarke County Public Facilities Authority, and all references in this Act to such authority shall be to the renamed authority. All references in this Act to Athens, the City of Athens, or to Clarke County wherever they appear in this Act shall be construed to refer to Athens-Clarke County. The authority shall not undertake to acquire real property by any means nor to improve any real property, whether owned by the authority or by any other person or corporation, without first obtaining from the chief elected officer (CEO) and Commission of the Unified Government of Athens-Clarke County, Georgia, an inducement resolution which clearly describes the real property affected and the amount of money to be spent on the project. Further, the authority shall not acquire real property by eminent domain nor finance any project by the issuance of revenue bonds, as set out in this chapter, without first obtaining from the CEO and Commission of the Unified Government of Athens-Clarke County an inducement resolution which clearly sets out that said property is to be acquired by eminent domain or said project financed by the issuance of revenue bonds. Further, the authority shall not enter into any intergovernmental contract without first obtaining from the CEO and Commission of the Unified Government of Athens-Clarke County an inducement resolution which clearly sets out that said contract is in the best interest of the citizens of Athens-Clarke County. SECTION 2. Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof the following: SECTION 4. Members; meetings; officials; minutes, and records. (a) The Athens-Clarke County Public Facilities Authority shall be governed by and its powers exercised by five members who shall be nominated by the CEO and commission of Athens-Clarke County. The three commissioners serving as such on the effective date of this Act shall become three members and shall complete the terms for which they were elected. All references in this Act to commissioners of the authority shall be to the members of the authority. For the additional members created by this Act and upon the expiration of terms of members, the CEO shall nominate a person as member, and in the event the commission fails to elect the person so nominated, then the CEO shall immediately submit an additional nomination, and in the event the commission fails to elect the second person so nominated, then the commission shall immediately proceed to nominate and elect the member in question. One of the two additional members shall be nominated and elected for a term ending December 31, 1996, and the second additional member shall be nominated and elected for a term

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ending December 31, 1997. Thereafter, members shall be elected for terms of three years. Whenever any member shall die, resign or be removed from office prior to the expiration of that member's term, a successor shall be nominated and elected to fill the unexpired term in the same manner as set out in this subsection. A member shall hold office until that member's successor has been elected and qualified. Members shall be more than 25 years of age, shall have resided in Athens-Clarke County for two years prior to taking office, and shall be registered voters of Athens-Clarke County. Each member shall take an oath before entering on the discharge of the member's duties to the effect that he or she will faithfully and honestly discharge the duties of office. At their first meeting each year the members shall designate one of their number as chairperson, and the member so designated shall serve as chairperson for the calendar year of such designation. Any member may be removed from office for physical or mental incompetency or for removal from Athens-Clarke County or for malfeasance in office by a two-thirds vote of the commission of Athens-Clarke County after service with written notice upon such member of the charges against him or her and after the member has been accorded a hearing with respect to such charges by the commission of Athens-Clarke County. (b) The initial meeting of the commissioners of the Athens-Clarke County Public Facilities Authority shall be held at 7:30 P.M. on the second Wednesday following the nomination and election of the two members initially nominated and elected under the terms of this Act. Thereafter, meetings of the authority shall be held on the second Wednesday in April and October of each year. Additional meetings may be held at such time as the chairperson of the authority may designate upon the giving of 24 hours' written notice in advance of such meeting to each member. All meetings of the authority shall be public meetings and shall be held in the council chamber in the city hall in Athens, Georgia, or at any other place in Athens-Clarke County designated by its chairperson. The presence of three members shall be necessary at a meeting to constitute a quorum, and the concurrence of two members shall be necessary to take action on behalf of and binding upon the authority. The chairperson shall be entitled to vote on all questions coming before the authority. Each member shall be entitled to a fee of $25.00 for each meeting of the authority at which he or she is present or to such other compensation as may hereafter be fixed by law. (c) The manager of the Unified Government of Athens-Clarke County, Georgia, or such manager's designee from his or her staff shall be ex officio treasurer of the Athens-Clarke County Public Facilities Authority; and a member of the manager's staff as designated by the manager shall be ex officio engineer of the Athens-Clarke County Public Facilities Authority. The attorney for the Unified Government of Athens-Clarke County, Georgia, shall serve as the ex officio attorney for the Athens-Clarke County Public Facilities Authority.

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(d) Minutes of each meeting of the members of the authority shall be kept under the supervision of the chairperson. Such minutes shall constitute public records and shall be filed in the office of the clerk of the commission of the unified government of Athens-Clarke County. Such additional records of the funds, property, and actions of the authority as may be required by the members shall be kept at such place or places as may be designated by the members from time to time. SECTION 3. Said Act shall be further amended by striking in its entirety subsection (b) of Section 5 and inserting in lieu thereof the following: (b) The word `project' shall include the following revenue-producing undertakings or any combination of two or more of such undertakings: (1) Buildings and related facilities including driveways, walkways, appurtenances, and the land upon which the same are located which are necessary or convenient for the efficient operation of the Unified Government of Athens-Clarke County, Georgia; or of any of its departments or agencies; or any board or authority which performs any governmental or proprietary function for or in conjunction with the Unified Government of Athens-Clarke County, Georgia; or which are to be leased or used by the State of Georgia or any of its departments or agencies, the United States of America; or any of its departments or agencies or any regional authority or board of which the Unified Government of Athens-Clarke County, Georgia, is a member or with which the Unified Government of Athens-Clarke County has any intergovernmental contract; (2) Any and all machinery, equipment, furniture, or real property necessary or convenient for the efficient operation of the Unified Government of Athens-Clarke County, Georgia; or of any of its departments or agencies; or any board or authority which performs any governmental or proprietary function for or in conjunction with the Unified Government of Athens-Clarke County, Georgia; or which are to be leased or used by the State of Georgia or any of its departments or agencies, or United States of America; or any of its departments or agencies or any regional authority or board of which the Unified Government of Athens-Clarke County, Georgia, is a member or with which the Unified Government of Athens-Clarke County has any intergovernmental contract; (3) Causeways, tunnels, viaducts, bridges and other crossings, highways, parkways, airports, terminals, and other related facilities including parking facilities; (4) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football;

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buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry, and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions, or exhibitions in connection therewith; and (5) Systems, plants, works, instrumentalities, and properties: (A) used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses; (B) used or useful in connection with the collection, treatment, and disposal of sewerage, waste, and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intersecting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the CEO and Commission of the Unified Government of Athens-Clarke County, Georgia intends to apply to the General Assembly at the 1996 regular session thereof, to introduce legislation amending those portions of an act of the General Assembly of the State of Georgia (1960 Ga. Law, page 2531) which establishes the Athens Public Facilities Authority, so as to conform the titles for its officials to those appropriate to the Unified Government of Athens-Clarke County, to redefine its power, duties, and responsibilities, and to provide a method of selection, resignation, and removal of its members and for filling vacancies; and for other purposes. This notice is given pursuant to Section 26-1-14 OCGA. 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

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the Observer, which is the official organ of Clarke County, on the following date: February 22, 1996. /s/ John Scoggins Representative, 24th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CHATTOOGA COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 681 (House Bill No. 1850). AN ACT To provide a $20,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Gross income means gross income from all sources, including the income of all members of the family residing within the homestead. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Chattooga County School District ad valorem taxes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Chattooga County School District, except for ad valorem taxes to retire school bond indebtedness. SECTION 2. Each resident of the Chattooga County School District who is 70 years of age or older is granted an exemption on that person's homestead from

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Chattooga County School District ad valorem taxes in the amount of $20,000.00 of the assessed value of that homestead if that resident's gross income for the immediately preceding taxable year does not exceed $20,000.00 for income tax purposes. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. SECTION 4. The tax commissioner of Chattooga County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for that exemption. SECTION 5. After any such resident has been allowed the exemption provided in this Act, it shall not be necessary that such person make application and file an affidavit for any year thereafter and such exemption shall continue to be allowed to such person. It shall be the duty of any resident of the Chattooga County School District who has claimed the homestead exemption provided for in this Act to notify the tax commissioner of Chattooga County or the designee thereof in the event that resident becomes ineligible for any reason to receive such homestead exemption. SECTION 6. 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 Chattooga County School District ad valorem taxes. SECTION 7. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. SECTION 8. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 9. [Illegible Text] [Illegible Text] [Illegible Text] by the federal Voting Rights Act of 1965, as amended, [Illegible Text] [Illegible Text] [Illegible Text] of Chattooga County shall call and conduct an [Illegible Text] [Illegible Text] [Illegible Text] section for the purpose of submitting this Act [Illegible Text] [Illegible Text] [Illegible Text] County School District for approval or [Illegible Text] [Illegible Text] [Illegible Text] superintendent shall conduct that election at the [Illegible Text] [Illegible Text] [Illegible Text] primary conducted in 1996 and shall issue the call

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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 Chattooga County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $20,000.00 homestead exemption from certain ad valorem taxes levied for the Chattooga County School District for residents of that district who are 70 years of age or older and whose gross annual income does not exceed $20,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 8 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 8 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the date of such election. The expense of such election shall be borne by Chattooga County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 10. Except for Sections 1 through 8 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 8 of this Act shall become effective as provided in Section 9 of this Act. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to increase the homestead exemption from Chattooga County School District ad valorem taxes for certain residents of that district who are 70 years of age or over; and for other purposes. This 16th day of February, 1996. Representative Tim Perry, 11th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Perry, who, on oath, deposes and says

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that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of Chattooga County, on the following date: February 22, 1996. /s/ Tim Perry Representative, 11th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. WILKES COUNTY BOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS; REFERENDUM. No. 682 (House Bill No. 1852). AN ACT To amend an Act providing for the election of members of the Board of Education of Wilkes County, approved March 18, 1986 (Ga. L. 1986, p. 4091), as amended, so as to provide, if approved by the voters of Wilkes County, for nonpartisan primaries and elections for members of the Board of Education of Wilkes County; to provide for a referendum; to provide for certain submissions; to provide for a contingent effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the election of members of the Board of Education of Wilkes County, approved March 18, 1986 (Ga. L. 1986, p. 4091), as amended, 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. On and after January 1, 1997, all members of the Board of Education of Wilkes County shall be nominated and elected by the voters of Wilkes County 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. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Wilkes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Wilkes County School District for approval or rejection. The election superintendent shall conduct that election on the date of the primary in July of 1996 and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Wilkes 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 Wilkes 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. The expense of such election shall be borne by Wilkes 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 Wilkes 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.

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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 TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the Board of Education of Wilkes County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 5th day of February 1996. 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 8, 1996. /s/ Tom McCall Representative, 90th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CITY OF JEFFERSON PUBLIC SCHOOL SYSTEM; CITY BONDS. No. 683 (House Bill No. 1853). AN ACT To amend an Act establishing a public school system in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, so as to provide authority for the mayor and council to issue bonds of said city to finance land, buildings, and equipment for the public school system in the City of Jefferson, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a public school system in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, is amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: SECTION 15. The mayor and council of the city shall have power and authority to issue bonds of said city in such principal amount as may be, in their judgment, necessary for the purchase of suitable land for school buildings and erecting thereon school buildings thoroughly equipped for school purposes or for the building, enlarging, remodeling or repairing, equipping, heating or cooling, or leasing premises and for liquidation of debts in consideration of a lease for a term of years of land and buildings for school purposes. Said bonds may be issued in such denominations and with such rate or rates of interest as the mayor and council may determine. They shall run for a term not to exceed 30 years. The mayor and council may provide for the maturing of said bonds at any time or times during said 30 years. The mayor and council shall designate when the interest on said bonds shall become due and payable. The proceeds of said bonds, when issued, shall be turned over to the board of education of said city, to be used by said board for the purposes of paying off certain debts in consideration of a lease for a term of years of certain buildings and grounds for school purposes, for acquiring land and erecting buildings and improvements, for remodeling, heating, equipping, furnishing, or enlarging buildings and improvements for school purposes, or any combination of such purposes. 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 1996 session of the General Assembly of Georgia a bill to amend ad Act establishing a public school system in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, so as to provide authority for the mayor and council to issue bonds of said city to finance land, buildings, and equipment for the public school system in the City of Jefferson, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. This 30 day of Jan., 1996. Tommy Stephenson 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 Jackson Herald, which is the official organ of Jackson County, on the following date: February 7, 1996. /s/ Tommy Stephenson Representative, 25th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 1, 1996.

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CHEROKEE COUNTY BOARD OF COMMISSIONERS; ABSTENTION FROM VOTING. No. 684 (House Bill No. 1857). AN ACT To amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, so as to require abstention from voting under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, is amended by adding a new section immediately following Section 11, to be designated Section 11A, to read as follows: SECTION 11A. In the event that any commissioner is not reelected at the general election immediately preceding the expiration of such member's term of office, during the interim between the election of a successor and the taking of office of such successor, the retiring commissioner for such seat shall be required to abstain from voting on actions which: (1) Add personnel to the county payroll, either by creation of new positions or by filling any position which has been vacant for more than 30 days prior to the election; (2) Increase the salary or other compensation of any county employee; (3) Borrow funds in excess of the amount necessary to pay usual county expenditures for the remainder of such commissioner's term; (4) Purchase new or used equipment for the county, except that the commissioner may negotiate and complete any such purchase pending at the time of such election or for which notice had been published in the legal organ of the county or a newspaper of general circulation in the county prior to the date of the election; (5) Dispose of any county property, real or personal, in any manner unless such disposal was properly announced and notice had been published in the legal organ of the county or a newspaper of general circulation in the county prior to the date of the election; or

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(6) Remove any county records or public files from the office of the commissioner for that seat prior to vacating such office. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for Cherokee County approved March 30, 1969 (Ga. L. 1969, p. 4296), as amended; and for other purposes. This 26th day of February, 1996. Representative Garland Pinholster 15th District Representative Steve Stancil 16th District Representative Melanie Harris 17th District 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 Tribune, which is the official organ of Cherokee County, on the following date: February 28, 1996. /s/ Garland F. Pinholster Representative, 15th District Sworn to and subscribed before me, this 4th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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FULTON COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; DEFINITION; CONTINGENT REPEAL. No. 686 (House Bill No. 1378). AN ACT To amend an Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over, approved April 7, 1995 (Ga. L. 1995, p. 4423), so as to change a definition; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act increasing the homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over, approved April 7, 1995 (Ga. L. 1995, p. 4423), is amended by striking paragraph (2) of Section 1 thereof, which reads as follows: (2) `Fulton County ad valorem taxes' 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., and inserting in its place the following: (2) `Fulton County ad valorem taxes for county purposes' means all Fulton County ad valorem taxes but does not include ad valorem taxes to pay interest on and retire county bonded indebtedness and does not include ad valorem taxes levied by, for, or on behalf of the Fulton County School District. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. If Sections 1 through 9 of an Act approved April 7, 1995 (Ga. L. 1995, p. 4423) do not become effective, this Act shall be automatically repealed upon the date that Act is automatically repealed. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act increasing the

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homestead exemption from Fulton County ad valorem taxes for certain elderly or disabled residents thereof, approved April 7, 1955 (Ga. L. 1995, p. 4423); and for other purposes. This 5th day of January, 1996. Representative Joseph M. Burkhalter 41st District 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 published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 19, 1996. /s/ Mark Burkhalter Representative, 41st District Sworn to and subscribed before me, this 23rd day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 1, 1996. DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY BOARD OF DIRECTORS; MEMBERSHIP; POWERS; DUTIES; QUORUM; QUALIFICATIONS. No. 687 (House Bill No. 1858). AN ACT To amend an Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to provide that the mayor of the City of Lithia Springs, formerly known as the town of Lithia Springs, and not a designee of the mayor, shall be an ex officio member of the authority board of directors; to provide for the powers and duties of the board; to increase the number of members who shall constitute a quorum; to require resignation if a member runs for public office; to eliminate the residence restriction for members of the board; to provide for qualifications of office and conditions under which a member of the board shall be required to resign; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, is amended by striking in its entirety subsection (b) of Section 3 and inserting in lieu thereof the following: (b) The authority board of directors shall be composed of eight members, five to be appointed by mutual agreement and decision of the mayor of the City of Douglasville and the chairperson of the Douglas County Board of Commissioners. The mayor of the City of Douglasville, the mayor of the City of Lithia Springs, and the chairperson of the Douglas County Board of Commissioners shall serve as ex officio members with full voting rights as members of the authority. The five appointed members of the authority shall be selected by the following method: the mayor of the City of Douglasville and the chairperson of the Douglas County Board of Commissioners shall each select ten prospective members, two each from each of the five general school districts in Douglas County as constituted on March 7, 1985. By mutual agreement and process of elimination, the mayor and the chairperson shall arrive at a total of five members, one from each of the five school districts, to serve staggered terms as follows: one member for one year, one member for two years, one member for three years, one member for four years, and one member for five years. After completion of the initial terms specified in this section, each term shall be for a period of five years. The mayors and chairperson shall be voting members of the board of directors by virtue of their elected positions without regard to term length. Members appointed prior to the effective date of this subsection shall be considered as appointed in accordance with this section. At the end of the term of office of any member so appointed or in the event of the death, removal, or resignation of any member prior to the conclusion of his or her term in office, the successor member shall be appointed on a rotating basis by either the mayor and council for the City of Douglasville or the Douglas County Board of Commissioners using the procedure outlined in this subsection. The City of Douglasville and the Douglas County Board of Commissioners shall rotate in the position of originating governing body, which body shall compile a list of qualified applicants to be submitted to the appointing governing body for consideration. Thirty days prior to the normal expiration of a member's term or within 30 days following the death, removal, or resignation prior to the completion of the term of office, the originating body shall provide to the appointing body a list nominating a maximum of three competent, qualified persons to be considered for appointment to serve on the authority board of directors, one of whom may be the individual whose term is expiring. The appointing body may by majority vote choose to make an appointment from the list of names so provided

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within 30 days from receipt of the names. Failure of the appointing body to select a nominee by resolution adopted by majority vote in the specified time period or rejection of the names so provided shall require the appointing body to compile a list of a maximum of three names to be submitted to the originating body for its consideration. The originating body may make an appointment from such list of persons by majority vote. Failure of the originating body to make an appointment from this list shall require the two lists of names compiled by the originating body and the appointing body to be combined and submitted to the senior judge of the Superior Court of Douglas County. The senior judge shall make an appointment from the combined lists. Appointees to the authority shall represent the county at large, shall be appointed without regard to school districts, and shall be selected on the basis of competence and fair representation of the varied interests of the entire county. Normal terms for all appointed members of the authority board of directors shall commence on April 3 following appointment and terminate on April 2 of the year in which the term of office expires. If at the end of any term of office of any member a successor thereto shall not have been elected, then the member whose term of office shall have expired shall continue to hold office and be a full voting member until his or her successor shall be so elected. SECTION 2. Said Act is further amended by striking in its entirety subsection (c) of Section 3 and inserting in lieu thereof the following: (c) Immediately after the passage of this Act and the appointment of the members by the governing bodies of the City of Douglasville and Douglas County, the members of the authority shall enter upon their duties and, as soon as is practicable thereafter, they shall hold an organizational meeting. The members of the authority shall elect one of their number as chairperson and another as vice chairperson. Neither the mayor of the City of Douglasville, the mayor of the City of Lithia Springs, nor the chairperson of the Douglas County Board of Commissioners shall serve as chairperson or vice chairperson of the authority. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be members of the authority. An assistant secretary may also be elected at the discretion of the authority. Five members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly for each meeting of the authority actually attended as compensation for their services and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence.

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SECTION 3. Said Act is further amended by striking in its entirety subsection (d) of Section 3 and inserting in lieu thereof the following: (d) Any appointed member of the board of directors of the authority who qualifies as a candidate for public office must resign from the board at the time of his or her qualification. No member of the authority board of directors appointed to fill full or partial terms following the effective date of this subsection shall serve more than two consecutive terms, except the individuals elected as mayor of the City of Douglasville, mayor of the City of Lithia Springs, and chairperson of the Douglas County Board of Commissioners. SECTION 4. Said Act is further amended by striking in its entirety subsection (b) of Section 5 and inserting in lieu thereof the following: (b) To acquire by purchase, lease, gift, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purpose;. 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 1996 session of the General Assembly of Georgia a Bill to amend an Act known as the Douglasville-Douglas County Water and Sewer Authority Act, approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to provide that the mayor of the City of Lithia Springs, and not a designee of the mayor, shall be an ex-officio member of the authority board of directors; to provide for powers of the board; and for other purposes. This 21st day of February, 1996. s/Robert Snelling. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Snelling, who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Douglas County Sentinel, which is the official organ of Douglas County, on the following date: February 24, 1996. /s/ Bob Snelling Representative, 99th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CRAWFORD COUNTY BOARD OF COMMISSIONERS; EXPENSES. No. 688 (House Bill No. 1861). AN ACT To amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4416), so as to change the reimbursement of the members of said board of commissioners for travel expenses; to provide for vouchers for mileage or travel expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4416), is amended by striking Section 7-A in its entirety and inserting in lieu thereof a new Section 7-A to read as follows: SECTION 7-A. (a) The chairperson of the Board of Commissioners of Crawford County shall receive the sum of $350.00 per month as compensation for his or her services on the board payable from funds of the county. Each of the other members of said board shall receive the sum of $300.00 per month as compensation for his or her services on the board payable from funds of the county. Each member shall also be paid 25 per mile

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from county funds as traveling expense when traveling inside the county in the performance of his or her duties and shall be reimbursed from county funds for actual documented expenses incurred when traveling outside the county while in the performance of his or her duties. (b) No member shall receive any payment for traveling expense or reimbursement for actual expenses incurred in traveling as provided for in this section unless such member has personally performed the duty, has personally incurred the expense for mileage or travel, and has submitted a voucher for such mileage or travel. Each member submitting such a voucher shall certify that such member personally performed the duty and personally incurred the expense for mileage or travel covered by the voucher and that the information contained therein is true and correct. The voucher shall contain such a certificate which the member must sign. 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 1996 session of the General Assembly of Georgia a bill to change the reimbursement of the members of the board of commissioners of Crawford County; to provide for related matters; and for other purposes. This 5th day of February 1996. Crawford County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Georgia Post, which is the official organ of Crawford County, on the following date: February 8, 1996. /s/ Robert Ray Representative, 128th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF GRANTVILLE UTILITIES AUTHORITY CREATION. No. 689 (House Bill No. 1862). AN ACT To create the City of Grantville Utilities Authority; to provide definitions; to provide for directors and their appointment, terms of office, vacancies, powers, compensation, and qualifications; to provide for powers of such authority; to provide for the issuance of negotiable revenue bonds; to provide for the form, denominations, registration, and place of payment of such bonds; to provide for signatures and seals on such bonds; to provide for negotiability and exemption from taxation; to provide for the sale and price of such bonds; to provide for the use of the proceeds of such bonds; to provide for interim receipts and certificates and temporary bonds; to provide for replacement of lost, mutilated, or destroyed bonds; to provide for conditions precedent to issuance of bonds; to provide that such bonds are not a debt of the city; to provide for trust indentures, trustees, and a sinking fund; to provide for remedies of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction; to provide for validation of bonds; to provide that the powers and duties of the authority shall not be diminished or impaired while bonds are outstanding; to provide for trust funds; to provide for the purpose of the authority; to provide for rates, charges, and revenues; to provide for rules and regulations; to provide for tort immunity for the authority and its officers, agents, and employees; to provide that no obligation of the authority shall be an obligation of the city; to provide for oversight by the city governing authority; to provide for dissolution of the authority and its assets, revenues, and liabilities; to provide for construction; to provide for severability; to provide for effect on the powers of the City of Grantville; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (1) Authority shall mean the City of Grantville Utilities Authority created by Section 2 of this Act. (2) Cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses; the cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply; the treatment of water and the distribution and sale of water to users and consumers including counties and municipalities for the purpose of resale inside and outside the territorial boundaries of the City of Grantville; and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking; the acquisition, construction, equipping, operation, and maintenance of sewerage facilities useful and necessary for the gathering of waste matter and the treatment of sewage of any and every type, including but not limited to the acquisition and construction of treatment ponds, plans, and lagoons and additions and improvements to and extensions of such facilities inside and outside the territorial boundaries of the City of Grantville so as to assure an adequate sewerage system, the distribution and sale of cable television services and natural gas to individuals, private concerns, and municipal corporations. (4) Revenue bonds and bonds shall mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended, known as the Revenue Bond Law, and such obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto

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and, in addition, shall mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. SECTION 2. At the first regular meeting of the mayor and council of the City of Grantville following the enactment of this Act, that body may elect three utility directors. The term of office of the directors elected under this Act shall be as follows: one shall be elected for two years; one for four years; and one for six years; the term of office of the directors first elected by the mayor and council shall be fixed in the discretion of said mayor and council, provided, that they comply with this Act. At the expiration of any director's term of office, the mayor and council shall elect a successor for a term of six years; provided, however, that vacancies caused by death, resignation, or removal shall be filled by said mayor and council for the unexpired term of the director withdrawing. SECTION 3. The three directors elected in accordance with the provisions of Section 2 of this Act shall constitute the utility authority. SECTION 4. Immediately after the election of the directors, it shall be their duty to enter upon their duties as directors of utilities of the City of Grantville. The authority shall have complete control and management of all utilities of the City of Grantville. The authority is empowered to charge the citizens of Grantville and all persons, firms, or corporations such sums as they may deem just and proper for the use of said utilities. The authority shall have power to make all rules and regulations as in their discretion are necessary for the proper management and control of all utilities, as designated by the mayor and city council of said city, and shall have power to enforce said rules and regulations by refusing to supply or discontinuing the supply to any person, firm, or corporation who fails or refuses to comply with said rules and regulations. SECTION 5. Each of said directors shall receive $100.00 per month for his or her services. SECTION 6. No person holding a commission as an officer of the city shall be eligible to election as director of utilities of the City of Grantville.

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SECTION 7. The authority shall have the power: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the fund provided under this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or other 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 treasurer for the credit of the general fund of the state of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the 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 to fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the

Page 3772

generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, sewer, cable television, and natural gas and related services and facilities by the authority to such municipal corporations and counties for a term not exceeding 50 years; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such projects to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and (10) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 8. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each such 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 was payable before maturity at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of bonds.

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SECTION 9. 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 10. In case any officer whose signature shall appear on any bond or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the 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 signature or facsimile signature of the chairperson of the authority. Any coupon may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the delivery date of such bonds such persons may not be so authorized or shall not hold such office. SECTION 11. 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 the state. Such bonds and the income thereof shall be exempt from all taxation within the state. SECTION 12. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. SECTION 13. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for

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the purpose for which said bonds are issued, the surplus shall be paid into the fund provided in this Act for the payment of principal and interest of such bonds. SECTION 14. 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 15. The authority may also provide for the replacement of any bond which shall be mutilated, destroyed, or lost. SECTION 16. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members. SECTION 17. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Grantville or a pledge of the faith and credit of the City of Grantville, but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. SECTION 18. 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 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

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construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may further 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 further require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, 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 19. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 20. 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 sinking fund shall be pledged to and charged with the payments of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest; and

Page 3776

(4) Any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds to purchased or redeemed shall forthwith be canceled and shall not again be issued. SECTION 21. Except to the extent of the rights provided in this Act, any holder of revenue bonds or any of the coupons appertaining thereto issued under the provisions of this Act and the trustee under the trust indenture, if any, may be restricted by resolution passed before the issuance of the bonds or by the trust indenture and may either at law or in equity or by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted by this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. SECTION 22. The authority is authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 23. 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 Coweta 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.

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SECTION 24. 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 a party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the water system or other utilities for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality contracting with authority. SECTION 25. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. SECTION 26. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 27. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, operating, and maintaining self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; the acquisition, construction, equipping, operation, and maintenance of sewerage facilities useful and necessary for the gathering of waste matter and the treatment of sewage of any and every type, including but not limited to the

Page 3778

acquisition and construction of treatment ponds, plants, and lagoons and additions and improvements to and extensions of such facilities inside and outside the territorial boundaries of the City of Grantville so as to assure an adequate sewerage system; and to operate and maintain the distribution and sale of cable television services, natural gas, and any other utility so identified by the governing authority of the City of Grantville to individuals, private concerns, and municipal corporations, provided that such general purpose shall not restrict the authority from selling and delivering such utilities directly to consumers in the unincorporated areas of Coweta County. SECTION 28. The authority is authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time the same for the services, facilities, or commondities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvements, betterment, or extension of the water utility system and other utilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. SECTION 29. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and other utilities and facilities shall be furnished. SECTION 30. The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Grantville; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the City of Grantville when in the performance of their public duties or the work of the authority. SECTION 31. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. SECTION 32. The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation or indebtedness, or otherwise,

Page 3779

and no contract, agreement, financial obligation or indebtedness incurred by the authority shall ever be a claim or charge against the city provided that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations, or indebtedness between themselves. SECTION 33. The city council shall be authorized by and through a committee of their own number, or by any one or more persons they may select, to investigate the state and condition of the authority and to inspect its properties and all books and records pertaining to the authority and its affairs, and the authority shall cooperate and assist in such investigations and inspections. SECTION 34. The authority may be dissolved only by local Act of the General Assembly. Unless otherwise provided in such local Act, all assets, revenues, and liabilities of the authority shall become, by operation of this provision and without the need for separate conveyances or instruments of assumption, the assets, revenues, and liabilities of the city subject to any liens, leases, pledges, or other encumbrances outstanding against or in respect to such assets and revenues at the time of such dissolution, provided that the liabilities of the authority which become liabilities of the city shall be payable by the city only from the same moneys and investment securities, pledged funds, and accounts and sources of revenues from which they were payable by the authority prior to such dissolution. SECTION 35. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally constructed to effect the purposes of this Act. SECTION 36. The provisions of this Act are severable and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decisions of such court shall not affect or impair any of the remaining provisions. SECTION 37. This Act does not in any way take from the City of Grantville the authority to own, operate, and maintain utility systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. SECTION 38. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 Session of the General Assembly of Georgia a bill to create the City of Grantville utilities Authority; to provide for directors, powers, revenue bonds, and sinking fund, protection and remedies for bondholders, tort immunity, and dissolution; to provide that obligations of such authority are not debts of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. This 22 day of February, 1996. 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 Newman Times-Herald, which is the official organ of Coweta County, on the following date: February 28, 1996. /s/ Donna S. Brooks Representative, 103rd District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CALHOUN COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 690 (House Bill No. 1869). AN ACT To amend an Act relating to the Board of Commissioners of Calhoun County, approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, so as to change the compensation of the chairman and members of the board of commissioners; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act relating to the Board of Commissioners of Calhoun County, approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, is amended by striking Section 10 and inserting in lieu thereof a new Section 10 to read as follows: SECTION 10. The chairman of the board of commissioners shall receive a salary of $400.00 per month. The remaining members of the board of commissioners shall receive a salary of $200.00 per month. The chairman and members of the board of commissioners shall be reimbursed for travel expenses incurred while in the discharge of their duties. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Commissioners of Calhoun County, approved August 10, 1908, (Ga. L. 1908, p. 276), as amended, so as to change the compensation of the chairman and members of the Board of Commissioners; to repeal conflicting laws; and for other purposes. This 21st day of February, 1996. C. W. Schramm, Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun-Clay Herald, which is the official organ of Calhoun County, on the following date: February 28, 1996. /s/ Gerald Greene Representative, 158th District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CITY OF HIAWASSEE CORPORATE LIMITS. No. 691 (House Bill No. 1873). AN ACT To amend an Act entitled An Act to provide a new charter for the City of Hiawassee, approved April 13, 1993 (Ga. L. 1993, p. 5262), so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to provide a new charter for the City of Hiawassee, approved April 13, 1993 (Ga. L. 1993, p. 5262), is amended by striking Section 1.11 in its entirety and substituting in lieu thereof a new Section 1.11 to read as follows: SECTION 1.11. Corporate limits. (a) Except as provided by subsection (b) of this section, the corporate limits of the City of Hiawassee shall extend a radius of one mile from the center of the public square of said city, said square being bounded by Bell Street, Berrong Street, River Street, and Main Street. (b) The following described territory shall not be a part of the corporate limits of the City of Hiawassee: Beginning at a point southeast of the public square of the City of Hiawassee where the boundary line of the corporate limits of the City of Hiawassee, as described by subsection (a) of this section, intersects the centerline of the river bed of Lake Chatuge; thence southwesterly, westerly, northwesterly, northerly and northeasterly along a portion of the boundary line of the circle describing the corporate limits of the City of Hiawassee, as described by subsection (a) of this section, to a point where such boundary line intersects the centerline of the river bed of Lake Chatuge northwest of the public square of the City of Hiawassee; thence southeasterly and easterly along the centerline of the river bed of Lake Chatuge to the point of beginning. (c) The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: `Official Map or Description of the Corporate Limits of the City of Hiawassee, 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.

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(d) 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide a new charter for the City of Hiawassee, approved April 13, 1993 (Ga. L. 1993, p. 5262); and for other purposes. This 10th day of January, 1996. 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 Towns County Herald, which is the official organ of Towns County, on the following date: January 18, 1996. /s/ Ralph Twiggs Representative, 8th District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CATOOSA COUNTY JUDGE OF THE PROBATE COURT; CLERK OF THE SUPERIOR COURT; CLERICAL HELP ALLOWANCE. No. 692 (House Bill No. 1885). AN ACT To amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5083), so as to increase the clerical help allowance of the judge of the probate court and the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5083), is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the judge of the probate court $ 75,000.00 per annum Clerical help for the clerk of the superior court $145,000.00 per annum All allowances payable under this Act shall be payable directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the undersigned will request local legislation to increase the clerical allowance of the office of the Probate Judge of Catoosa

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County, Georgia, and for other purposes, at the 1996 Regular Session of the General Assembly of the State of Georgia. This 14th day of December, 1995. Sam T. Dills, Probate Judge, Catoosa County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 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: December 20, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 7th day of March, 1996. /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 the undersigned will request local legislation to increase the clerical allowance of the office of the Clerk of the Superior Court of Catoosa County, Georgia, and for other purposes, at the 1996 Regular Session of the General Assembly of the State of Georgia. This 30th day of November, 1995. Norman L. Stone, Clerk of Superior Court of Catoosa County, Ga. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, McCracken Poston, Jr., who, on oath, deposes and says that he is Representative from the 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: December 6, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. TOWN OF CLERMONT MAYOR AND COUNCIL; TERMS; VACANCIES. No. 693 (House Bill No. 1886). AN ACT To amend an Act providing a new charter for the Town of Clermont, approved April 5, 1994 (Ga. L. 1994, p. 4782), so as to change provisions relating to the terms of office of the mayor and councilmembers; to change provisions relating to 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 providing a new charter for the Town of Clermont, approved April 5, 1994 (Ga. L. 1994, p. 4782), is amended by striking subsection (b) of Section 3-102 and inserting in lieu thereof a new subsection (b) to read as follows: (b) The mayor and councilmembers shall be elected from the town at large. The mayor and councilmembers shall serve terms of four years and until their successors are duly elected and qualified. The three councilmembers elected at the general municipal election held on the Tuesday next following the first Monday in November, 1995, shall take office at the first organizational meeting in January, 1996, and shall serve for terms of four years. The mayor and remaining two councilmembers shall serve until their terms expire on December 31, 1997. The election for successors to the mayor and said two councilmembers' seats shall be held on the Tuesday next following the first Monday in November, 1997. Such successors shall take office at the first organizational meeting in January, 1998, and shall serve terms of four years. All municipal elections

Page 3787

shall be nonpartisan, and the names of the candidates shall be listed alphabetically upon the ballot without party label. Candidates for councilmember seats receiving the highest number of votes shall fill the vacant seats. The candidates seeking the seat of mayor shall so designate their candidacies. The mayoral candidate receiving a majority of the votes cast shall be declared the winner. In the event no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the town and Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' as now or hereafter amended. SECTION 2. Said Act is further amended by striking Section 3-202 in its entirety and inserting in lieu thereof a new Section 3-202 to read as follows: SECTION 3-202. Filling of vacancies. In the event the office of the mayor or any councilmember shall become vacant by death, removal, disqualification, resignation, or other cause, the remaining members of the council shall temporarily fill the vacancy by appointment from among the citizens of said town eligible to hold such office under the provisions of this charter. The person so appointed shall only fill the office until such time as a special election can be held and a person is elected and sworn into office. Said election shall be held in accordance with this charter and state law concerning the holding of special elections. The person appointed to temporarily fill the office shall be eligible to run in said special election. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Clermont, approved April 5, 1994 (Ga. L. 1994, p. 4782), so as to change that certain provision relative to the terms of office, so that the terms will accurately reflect the terms set forth in Ga. L. 1992, p. 5393; and for other purposes. This 16th day of February, 1996. Julius M. Hulsey Town Attorney, Town of Clermont, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clint Smith, who, on oath, deposes and

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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: February 20, 1996. /s/ Clint Smith Representative, 19th District Sworn to and subscribed before me, this 7th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CLAYTON COUNTY STATE COURT; SOLICITOR; COMPENSATION. No. 694 (House Bill No. 1890). 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 29, 1994 (Ga. L. 1994, p. 4287), so as to change the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4287), is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: SECTION 6. Salary of solicitor. The salary of the solicitor of said court shall be $55,616.00 per annum, payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor of said court shall receive no other compensation for serving as solicitor of said court and shall not engage in the private practice of law in any capacity during his or her tenure as solicitor of said court and shall not be eligible to hold any other public office while serving as solicitor of said court.

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SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, so as to change provisions therein relating to the solicitor; and for other purposes. This 2nd day of March, 1996. Representative Frank I. Bailey, Jr. 93rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: March 2, 1996. /s/ Frank I. Bailey, Jr. Representative, 93rd District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CLAYTON COUNTY TAX COMMISSIONER; COMPENSATION. No. 695 (House Bill No. 1891). 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 25, 1994 (Ga. L. 1994, p. 4185), so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3790

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 25, 1994 (Ga. L. 1994, p. 4185), is amended by striking paragraph (1) of subsection (b) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The tax commissioner of Clayton County shall receive an annual salary of $47,800.00. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner approved August 18, 1925, (Ga. L. 1925, p. 600), as amended, so as to change provisions therein relating to the tax commissioner; and for other purposes. This 2nd day of March, 1996. Representative Frank I. Bailey, Jr. 93rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank I. Bailey, Jr., who, on oath, deposes and says that he is Representative from the 93rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: March 2, 1996. /s/ Frank I. Bailey, Jr. Representative, 93rd District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF ATLANTA AND FULTON COUNTY RECREATION AUTHORITY REVENUE BONDS. No. 696 (House Bill No. 1894). AN ACT To amend an Act creating the City of Atlanta and Fulton County Recreation Authority, approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, so as to change the provisions relating to revenue bonds; 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 Atlanta and Fulton County Recreation Authority, approved March 17, 1960 (Ga. L. 1960, p. 2810), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to 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 Authority created hereby, shall have power and is hereby 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 herein defined, of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment

Page 3792

thereto, may be fixed or variable, shall mature at such time or times not exceeding forty (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 the Revenue Bond Law (Ga. L. 1937, p. 761 et seq.), as amended, 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 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 1996 session of the General Assembly of Georgia, a bill to amend the Atlanta/Fulton County Recreation Authority Act, as amended, to change provisions relating to payment of interest on revenue bonds; to repeal conflicting laws, and for other purposes. This 15th day of February, 1996. Scotty Greenwood, Coordinator Office of Intergovernmental Affairs GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, LaNett Stanley, who, on oath, deposes and says that she is Representative from the 50th 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 15, 1996. /s/ LaNett L. Stanley Representative, 50th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia, a bill to Amend the Atlanta/Fulton

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County Recreation Authority Act, as amended, to change provisions relating to payment of interest on revenue bond; to repeal conflicting laws, and for other purposes. This 15th day of February, 1996. Scotty Greenwood, Coordinator Office of Intergovernmental Affairs GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, LaNett Stanley, who, on oath, deposes and says that she is Representative from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-Dekalb News/Era, which is the official organ of DeKalb County, on the following date: February 15, 1996. /s/ LaNett Stanley Representative, 50th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. JONES COUNTY BOARD OF COMMISSIONERS; COUNTY EMPLOYEES; SALARY REPORTS. No. 697 (House Bill No. 1901). AN ACT To amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, so as to change the provisions relating to the annual publication of the name, department, and salary of each county employee; to provide that a report containing such salary information shall be prepared and copies thereof made available to the public upon request; to authorize the county to charge a reasonable fee to cover the costs of providing such copies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, is amended by striking

Page 3794

in its entirety subsection (b) of Section 16 and inserting in lieu thereof a new subsection (b) to read as follows: (b) In February of each year, the governing authority of Jones County shall have prepared a report which includes the name, department, and then current salary of each county employee. The name, department, and starting salary of each new employee hired after such report is prepared shall be added to and become a part of such report. Copies of the report or portions thereof shall be available to the general public upon request during regular business hours, provided that the county is authorized to charge a reasonable fee to cover the costs of providing such copies. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Legislation Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating a new board of commissioners for Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended; and for other purposes. This 4th day of March, 1996 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 Jones County News, which is the official organ of Jones County, on the following date: March 7, 1996. /s/ Kenneth W. Birdsong Representative, 123rd District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CITY OF HAWKINSVILLE LEASE OR DISPOSAL OF PROPERTY; HAWKINSVILLE HARNESS HORSE TRAINING FACILITY. No. 698 (House Bill No. 1904). AN ACT To amend an Act providing for a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), so as to provide for authority to lease or otherwise dispose of municipally owned property generally; to provide for authority to lease the Hawkinsville Harness Horse Training Facility; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), is amended by striking the period at the end of paragraph (42) and adding at the end of subsection (b) of Section 1.12 of said Act new paragraphs (43) and (44) to read as follows: (43) Lease of municipal property. To lease, rent, and otherwise contract to dispose of any interest in property, real or personal, and to enter into such lease or rental contracts with other governmental entities and with private persons, firms, and corporations; (44) Lease of Hawkinsville Harness Horse Training Facility. To lease or rent for any number of years all or any part of or parts of the property commonly known as the Hawkinsville Harness Horse Training Facility to any governmental entity, private person, firm, or corporation. SECTION 2. This Act shall become effective upon signature of the Governor, or upon 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 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), and for other purposes. This 20th day of February, 1996. GEORGIA, FULTON COUNTY

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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 Hawkinsville Dispatch and News, which is the official organ of Pulaski County, on the following date: February 28, 1996. /s/ Johnny Floyd Representative, 138th District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF MONROE COUNCIL; QUORUM; VOTING. No. 699 (House Bill No. 1812). AN ACT To amend an Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change the number of councilmembers which constitute a quorum authorized to transact city business and the number of votes necessary to adopt ordinances and resolutions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by striking in its entirety subsection (b) of Section 2.05 and inserting in lieu thereof the following: (b) The Council shall exercise its powers only in public meetings. Six members of the Council and the mayor, or in the mayor's absence the vice-mayor, shall constitute a quorum authorized to transact city business. Voting on adoption of ordinances shall be taken by a voice vote and the ayes and nays shall be recorded in the minutes, but any member shall have the right to request a roll call vote. The affirmative vote of a majority of the members present constituting at least a quorum shall be required for adoption of an ordinance or a resolution except as otherwise provided in this charter.

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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 1996 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), as amended, so as to change the number of councilmembers which constitute a quorum, authorized to transact city business and the number of votes necessary to adopt ordinances and resolutions; and for other purposes. This 15th day of February, 1996. LEN WALKER House of Representatives District 87 BENTON AND PRESTON, P.C. Attorneys at Law 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 21, 1996. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF GOOD HOPE MAYOR AND COUNCIL; TERMS. No. 700 (House Bill No. 1813). AN ACT To amend an Act providing a new charter for the City of Good Hope, in the County of Walton, approved March 28, 1990 (Ga. L. 1990, p. 4877), so as to charge the terms of the mayor and councilmembers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Good Hope, in the County of Walton, approved March 28, 1990 (Ga. L. 1990, p. 4877), is amended by striking Section 2.11 in its entirety and substituting in lieu thereof a new Section 2.11 to read as follows: SECTION 2.11. Elections. (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the `Georgia Municipal Election Code.' (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the City of Good Hope shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (e) The terms of the office for the mayor and all councilmembers elected in the municipal election held in November, 1992, shall not expire until the first organizational meeting in January, 1998. On the Tuesday following the first Monday in November, 1997, there shall be elected a mayor and five councilmembers who shall serve terms of four years. Elections shall be held quadrennially thereafter. The terms of office shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. SECTION 2. 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 1996 session of the General Assembly of Georgia a bill to amend the local Act providing a new charter for the City of Good Hope, in the County of Walton, approved March 28, 1990 (Ga. L. 1990, p. 4877), so as to change the terms of the mayor and councilmembers; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 2nd day of February, 1996. Representative Len Walker 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 14, 1996. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 15th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. PUTNAM COUNTY SHERIFF; CLERK OF SUPERIOR COURT; JUDGE OF THE PROBATE COURT; COMPENSATION. No. 701 (House Bill No. 1817). AN ACT To amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, approved February 27, 1962 (Ga. L. 1962, p. 2440), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3554), and particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5033), so as to change the provisions relating to the compensation of the sheriff, the clerk of the superior court, and the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3800

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, approved February 27, 1962 (Ga. L. 1962, p. 2440), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5033), is amended by striking the first sentence of Section 2 and inserting in lieu thereof the following: The sheriff of Putnam County who is in office as sheriff on February 1, 1994, shall be compensated in the amount of $50,000.00 annually, to be paid in equal monthly installments from the funds of Putnam County, and such individual shall continue to receive the compensation provided in this sentence throughout such person's tenure as sheriff, unless changed by an Act of the General Assembly. Any successors to the individual serving as sheriff of Putnam County on February 1, 1994, shall be compensated in the amount of a base salary of $42,590.00 annually, with a supplement of $2,400.00 annually. On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the base salary of the sheriff shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the base salary of the sheriff shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the base salary of the sheriff shall become effective on the first day of January following the date that the cost-of-living increases become effective for state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in the base salary for the sheriff shall become effective on the same date. SECTION 2. Said Act is further amended by striking the first two sentences of Section 3 and inserting in lieu thereof the following: SECTION 3. The clerk of the superior court shall be compensated for services as such by an annual base salary in the amount of $37,547.00 and for services as clerk of the juvenile court by an annual salary of $2,400.00. Such

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compensation shall be paid in equal monthly installments from the funds of Putnam County and shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the clerk of the superior court. On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the base salary of the clerk shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the base salary of the clerk shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the base salary of the clerk shall become effective on the first day of January following the date that the cost-of-living increases become effective for state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in the base salary for the clerk shall become effective on the same date. SECTION 3. Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof the following: SECTION 6. (a) The judge of the Probate Court of Putnam County shall be compensated for his or her services as such by a base salary of $34,035.00 annually, to be paid in equal monthly installments from the funds of Putnam County. An additional sum of $2,400.00 annually shall be paid for the services of such official as elections superintendent of the county. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the judge of the probate court. (b) On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the base salary of the judge of the probate court shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the base salary of the judge of the probate court shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the base salary of the judge of the probate court shall become effective on the first day of January following the date that the cost-of-living increases become effective for

Page 3802

state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in the base salary for the judge of the probate court shall become effective on the same date. SECTION 4. This Act shall become effective on January 1, 1997. 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 1996 session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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 1, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to change the compensation of the Probate Judge of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioners
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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 22, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 26th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to change the compensation of the Clerk of Superior Court of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioner GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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 1, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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PUTNAM COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 702 (House Bill No. 1818). AN ACT To amend an Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), an Act approved March 30, 1987 (Ga. L. 1987, p. 4819), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4410), so as to change the compensation for members of the board of commissioners; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), an Act approved April 11, 1979 (Ga. L. 1979, p. 3496), an Act approved March 30, 1987 (Ga. L. 1987, p. 4819), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4410), is amended by striking in its entirety the first unnumbered paragraph of the 1957 amendatory Act and inserting in lieu thereof a new paragraph to read as follows: Be it further enacted by the authority aforesaid, that the chairperson of the Board of Commissioners of Putnam County shall receive a salary of $600.00 per month through December 31, 1996, increasing to $750.00 per month on January 1, 1997. The other members of said board shall receive a salary of $500.00 per month through December 31, 1996, increasing to $650.00 per month on January 1, 1997. They shall receive no other compensation or per diem, except that the chairperson and members of said board shall receive $50.00 per diem subsistence for each day each is required by the duties of his office to be out of Putnam County on official business for the county by approval of a majority of the members of said board and shall receive $100.00 per month local mileage allowance; and in addition thereto, each member furnishing transportation out of the county on such official business shall receive the current mileage rate paid by the state or federal government per mile traveled. The salaries and compensation herein provided shall be paid out of general funds in the treasury of said county. Said salaries and compensation shall be in lieu of any other salary, per diem or compensation which may have been fixed by any legislation prior to the passage of this Act. SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an act creating the Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. L. 1879, p. 334), as amended, so as to change provisions relating to the compensation of the chairman and members of the Board of Commissioners; to provide for related matters; and for other purposes. This 18th day of January, 1996. Putnam County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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: January 18, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. PUTNAM COUNTY TAX COMMISSIONER; COMPENSATION. No. 703 (House Bill No. 1819). AN ACT To amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5035), so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act consolidating the offices of tax collector and tax receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), as amended,

Page 3806

particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5035), is amended by striking Section 4 and inserting in lieu thereof the following: SECTION 4. (a) During the tenure of the individual serving as tax commissioner of Putnam County on February 1, 1994, the tax commissioner shall receive for the tax commissioner's services as such an annual salary of $34,000.00. (b) Any other person who succeeds the individual serving as tax commissioner of Putnam County on February 1, 1994, shall be compensated for the tax commissioner's services as such in the base amount of $32,400.00 annually, and for the tax commissioner's services as an ex-officio sheriff in the amount of $2,400.00 annually. (c) On and after the effective date of this Act, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a specified percentage or a specified amount, the amount of the base salary of the tax commissioner, whether determined in accordance with subsection (a) or subsection (b) of this section, shall be increased by the same percentage or the same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the base salary of the tax commissioner shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Such increase in the base salary of the tax commissioner shall become effective on the first day of January following the date that the cost-of-living increases become effective for state employees; provided, however, that if the cost-of-living increases for state employees become effective on January 1, the increase in the base salary for the tax commissioner shall become effective on the same date. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to change the compensation of the Tax Commissioner of Putnam County; to provide for related matters; and for other purposes. This 1st day of February, 1996. Putnam County Board of Commissioner
Page 3807

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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 1, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. HOSPITAL AUTHORITY OF FLOYD COUNTY VACANCIES. No. 704 (House Bill No. 1680). AN ACT To amend an Act providing for the filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4407), so as to change the manner of filling such vacancies; 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 filling of vacancies in the membership of the Hospital Authority of Floyd County, approved March 1, 1973 (Ga. L. 1973, p. 2057), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4407), is amended by striking Section 1 thereof. SECTION 2. Said Act is further amended by striking Section 2 thereof, which reads as follows: SECTION 2. One member of the Hospital Authority shall be a member of the Board of Commissioners of Floyd County. Such member shall be selected by the

Page 3808

Board of Commissioners from its own membership. The member so selected shall remain a member of the Hospital Authority during his term of office as a Commissioner. Successors to such member shall likewise be selected by the Board of Commissioners from its own membership, and any vacancy occurring in the office of such member shall be filled by the Board of Commissioners in the same manner. In the event any such member ceases to be a member of the Board of Commissioners for any reason, he shall also cease to be a member of the Hospital Authority, and the vacancy thus created shall be filled as herein provided., and inserting in its place the following: SECTION 2. (a) The members of the Hospital Authority of Floyd County who are serving as such upon the date this Act becomes effective in 1996 shall serve out their terms of office and until their successors are appointed and qualified pursuant to the provisions of this section. That member of the authority who is a member of the Board of Commissioners of Floyd County and appointed by such board shall serve until such member's term of office as a member of that board of commissioners next expires and until the appointment and qualification of a successor. (b) The successors to the members of the authority whose terms of office expire on or after the 1996 effective date of this section and all future successors to members whose terms of office expire shall be nominated by the Board of Commissioners of Floyd County and selected by the grand jury of Floyd County. That board shall submit a list of three eligible persons to the grand jury of Floyd County. Such list shall be furnished to the foreman of the grand jury of Floyd County, and that grand jury shall either select by majority vote one of the persons named in such list or decline to select any of the persons named in the list. Should the grand jury decline to select any of the persons named in the list, the foreman of the grand jury shall so notify the board of commissioners. Such board shall then submit a new list of three eligible persons, none of whom was named on the earlier list, to the grand jury. The grand jury shall select one of the persons named in such list or decline to select any of the persons named in the list. This process shall be repeated until one of the persons named in the list is selected. Nothing in this section shall prohibit a member of the Board of Commissioners of Floyd County from being selected as a member of the Hospital Authority of Floyd County. (c) If a vacancy occurs in the office of any member of the authority other than by expiration of term, that vacancy shall be filled as provided in subsection (b) of this section. The duration of the terms of office of members of the hospital authority shall not be changed by this section.

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Notice of intent to introduce local legislation changing the method of appointment of authority members of Floyd Medical Center (FLOYD Hospital) PERRY-District 11 SMITH-District 12 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Perry, who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 9, 1996. /s/ Tim Perry Representative, 11th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. TOWN OF MARTIN MAYOR AND COUNCIL; TERM LIMITATIONS. No. 705 (House Bill No. 1684). AN ACT To amend an Act providing for a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, so as to provide for term limitations for the mayor and the members of the city council; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, is amended by adding a new section immediately following Section 2.11, to be designated Section 2.11A, to read as follows: Section 2.11A. No person shall be eligible to serve more than three consecutive terms of office as mayor or as a member of the city council. No person who has held any such position shall again be eligible to hold such position until after the expiration of one complete term of office from the end of the last term during which such member held such position. The provisions of this section shall not apply to or include any term of office which began prior to January 1, 1996. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE Legislation will be introduced in the 1996 session of the Georgia General Assembly which provided for a new charter for the Town of Martin. This the 1st day of February, 1996. James E. Cornwell, Jr. Town Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who, on oath, deposes and says that she is Representative from the 22nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chieftain and Toccoa Record, which is the official organ of Stephens County, on the following date: February 8, 1996. /s/ Jeanette Jamieson Representative, 22nd District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CITY OF ROME HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 706 (House Bill No. 1690). AN ACT To amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4484), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6114), so as to change the amount of the exemption; to provide increased exemptions for persons who are 62 to 74 years of age and have an annual income not exceeding $20,000.00 and a total exemption for persons who are 75 years of age or over and have an annual income not exceeding $25,000.00; to change the definition of a homestead; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, applicability, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4484), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6114), is amended by striking Sections 2.1 and 2.2 and inserting in lieu thereof the following: SECTION 2.1. Each resident of the independent school district of the City of Rome who is 62 to 74 years of age is granted an exemption on that person's homestead in the amount of $10,000.00 or from one-half of the ad valorem taxes for educational purposes, whichever is greater, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. SECTION 2.2. Each resident of the independent school district of the City of Rome who is 75 years of age or over is granted an exemption on that person's homestead from all ad valorem taxes for educational purposes if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $25,000.00 for the immediately preceding year.

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SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1996. SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Rome shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the independent school district of the City of Rome for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1996, state-wide general election and shall issue the call therefore not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a homestead exemption from one-half of the ad valorem taxes for the independent school district of the City of Rome or in the amount of $10,000.00, whichever is greater, for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 62 to 74 years of age and which provides for a homestead exemption from all ad valorem taxes for the independent school district of the City of Rome for certain residents of that district who have annual incomes not exceeding $25,000.00 and who are 75 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 and 2 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be immediately repealed on January 1 immediately following that election date. The expense of such election shall be borne by the City of Rome. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Notice of intent to introduce Local Legislation to change the amount of deductions for ad valorem school taxes for Rome and Floyd County. Smith of the 12th Childers of the 13th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 8, 1996. /s/ Paul E. Smith Representative, 12th District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CHEROKEE COUNTY SHERIFF; EMPLOYMENT PRACTICES; CHEROKEE COUNTY SHERIFF'S TERMINATION REVIEW BOARD. No. 707 (House Bill No. 1691). AN ACT To amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, so as to provide for the powers of the sheriff of Cherokee County regarding employment practices of that sheriff's office; to create the Cherokee County Sheriff's Termination Review Board and provide for its powers, duties, procedures, membership, and organization; to provide for appeals from employment termination actions; to provide for exemptions; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, is amended by striking the sheriff, from the last sentence of Section 6A thereof so that when so amended said sentence shall read as follows: However, it shall be within the sole power and authority of the judge of the probate court, the clerk of the superior court, and the tax commissioner to employ and prescribe the duties and assignments and to fire the employees of their respective offices. SECTION 2. Said Act is further amended by adding after Section 6B thereof new sections to read as follows: SECTION 6C. (a) The sheriff of Cherokee County shall have the sole power and authority to employ and prescribe the duties and assignments of the employees of the Cherokee County Sheriff's Office. (b) The sheriff shall establish policies and procedures pertaining to the employment practices of the office, and employees whose termination from employment is subject to appeal under Section 6D of this Act shall be terminated only with cause consistent with such policies and procedures. (c) The requirements for termination of employees shall not apply to any reduction in force as required by the county governing authority nor to any constructive discharge, suspension, demotion, or other disciplinary action. SECTION 6D. (a) There is created the Cherokee County Sheriff's Office Termination Review Board, sometimes referred to in this section as the board. The board shall have jurisdiction and authority to review and modify employment termination actions against employees of the Cherokee County Sheriff's Office as provided in this section. (b) The board shall consist of five members as follows: (1) One member shall be the county attorney of Cherokee County or his or her designee for a term of two years beginning July 1, 1996; and successors to such member shall be appointed by the county attorney of Cherokee County for terms of two years beginning July 1 of each even-numbered year;

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(2) One member shall be appointed by the sheriff of Cherokee County for a term of two years beginning July 1, 1996; and successors to such member shall be appointed by the sheriff for terms of two years beginning July 1 of each even-numbered year; (3) One member shall be appointed by the chairperson of the Board of Commissioners of Cherokee County for a term of one year beginning July 1, 1996; and successors to such member shall be appointed by the chairperson for terms of two years beginning July 1 of each odd-numbered year; and (4) Two members shall be employees of the sheriff's office other than the chief deputy or the sheriff. Such members shall be elected by majority vote of all employees of the sheriff's office other than the chief deputy or sheriff. The sheriff may prescribe the manner of conducting such election, but such election shall be by secret ballot. The first such members shall be elected for terms of one year beginning July 1, 1996; and successors to such members shall be elected for terms of two years beginning July 1 of each odd-numbered year. (c) Each appointment and election to the board shall be conducted during the month of June immediately preceding the expiration of the term of office of the member for whom a successor is to be chosen. (d) Any vacancy on the board shall be filled in the same manner as the original member was chosen; and any member selected to fill a vacancy shall serve for the remainder of the unexpired term. (e) No person shall serve as a member of the board for more than two consecutive terms. (f) The initial meeting of the board shall be called by the member appointed by the sheriff; and the board shall meet thereafter on the call of the chairperson. (g) During the month of July of each year the board shall meet for the purpose of electing a chairperson and a secretary to serve until the election of a new chairperson and a new secretary in the next month of July. In the absence of the chairperson, the secretary shall act as chairperson. (h) A quorum shall consist of three members of the board; and any matter before the board shall be decided by majority vote of those present. The chairperson shall have a vote on all matters before the board. (i) The jurisdiction of the board is to hear and review termination actions against employees of the Cherokee County Sheriff's Office other than those listed in subsection (m) of this section. The board shall only have the authority to determine whether the evidence presented at the

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hearing establishes the factual basis for the reasons leading to the decision to terminate. (j) Any employee of the Cherokee County Sheriff's Office, other than an employee listed in subsection (m) of this section who believes he or she was terminated without cause may appeal such decision to the board by filing a written notice with the chairperson of the board. Such written notice must be filed within five business days following the effective date of the termination or the right to contest the termination shall be waived. (k) Upon the filing of a notice of appeal, the chairperson shall set a hearing date within 30 days and notify the members of the board, the employee, and the sheriff of the hearing. The board shall have the right to call witnesses at the hearing and may direct the sheriff to produce any relevant records in the custody of the sheriff's office. The employee and the sheriff shall have the right to be heard and to present witnesses and evidence. (l) The board shall issue its decision within 30 days after the close of the hearing. The decisions of the board shall be based on federal law, state law, and the policies and procedures established by the sheriff's office. The decision of the board shall be final and binding on the parties. (m) The following actions shall not be subject to appeal to the board and the board shall have no authority over the following matters: (1) Employment termination actions against an employee on probationary status; or (2) Employment termination actions against any of the following persons, who shall be exempt employees for purposes of this section and shall be solely responsible to and shall serve at the pleasure of the sheriff: (A) Chief deputy; (B) Majors; (C) Captains; (D) Confidential secretaries; (E) Internal affairs officers; or (F) Policy and planning officers. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to employment termination actions taken on or after July 1, 1996, except that those provisions of this Act creating the review board and appeals procedure

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shall only become effective as provided in Code Section 15-16-28 of the O.C.G.A. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act relating to the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County and providing for personnel for such officers, approved March 9, 1959 (Ga. L. 1959, p. 2464), as amended; and for other purposes. This 1st day of February, 1996. Representative Garland Pinholster 15th District Melanie Harris 17th District Steve Stancil 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland Pinholster, who, on oath, deposes and says that he is Representative from the 15th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 7, 1996. /s/ Garland Pinholster Representative, 15th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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JEFFERSON COUNTY BOARD OF COMMISSIONERS; ELECTIONS; TERMS. No. 708 (House Bill No. 1742). AN ACT To amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change certain provisions regarding the election of the chairperson and members of the board; to provide for staggered elections for members of the board; 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 a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, is amended by striking subsections (b) and (c) of Section 3 and inserting in their places new subsections (b) and (c) to read as follows: (b) In order to be elected as a member of the board from a commissioner district, a person must be a resident of that district prior to election thereto. Each member shall be elected by the electors voting within the respective commissioner district and not at large and must receive the number of votes cast for that office as required by general law. Only electors who are residents of that commissioner district may vote for a member of the board for that district. 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 member of the board who is chairperson of the board may reside anywhere within Jefferson County and must receive the number of votes cast for such office as required by general law in the entire county. The chairperson must continue to reside within Jefferson County during that person's term of office or that office shall thereupon become vacant. SECTION 2. Said Act is further amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: SECTION 5. The first members of the board of commissioners elected under this Act shall be elected at the 1996 general election which shall be conducted on

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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 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. Those members of the board elected thereto from Commissioner Districts 2 and 4 in 1996 shall take office 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 members of the board whose terms of office are to expire shall be elected at the 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 office of four years. Members of the board shall serve for the terms of office specified therefor in this section and until their respective successors are elected and qualified. SECTION 3. It shall be the duty of the governing authority of Jefferson 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 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 1996 session of the General Assembly of Georgia a bill to amend an Act providing for a board of commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended; and for other purposes. This 11th day of February, 1996. Representative Emory E. Bargeron 120th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the News and Farmer, which is the official organ of Jefferson County, on the following date: February 15, 1996. /s/ E. E. Bargeron Representative, 120th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. FLOYD COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 709 (House Bill No. 1692). AN ACT To amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), and an Act approved April 13, 1992 (Ga. L. 1992, p. 5902), so as to provide for homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), and an Act approved April 13, 1992 (Ga. L. 1992, p. 5902), is amended by amending Sections 2A and 2B to read as follows: SECTION 2A. Each resident of the Floyd County School District who is 62 to 74 years of age is granted an exemption on that person's homestead, which shall

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include the homestead plus no more than one acre of land, from one-half of the Floyd County School District ad valorem taxes for educational purposes, or in the amount of $10,000.00, whichever is greater, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $20,000.00 for the immediately preceding year. The value of the homestead in excess of the exempted amount shall remain subject to taxation. SECTION 2B. Each resident of the Floyd County School District who is 75 years of age or over is granted an exemption on that person's homestead, which shall include the homestead plus no more than one acre of land, from all Floyd County School District ad valorem taxes for educational purposes, if that person's income, together with the income of all members of the family residing within such homestead, does not exceed $25,000.00 for the immediately preceding year. The value of the homestead in excess of the exempted amount shall remain subject to taxation. SECTION 2. The exemption granted by this Act shall apply to all taxable years beginning after December 31, 1996. SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Floyd County School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the November, 1996, state-wide general election and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which provides for a homestead exemption from one-half of the Floyd County School District ad valorem taxes for educational purposes for that school district or in the amount of $10,000.00, whichever is greater, for certain residents of that district who have annual incomes not exceeding $20,000.00 and who are 62 to 74 years of age and which provides for a homestead exemption from all Floyd County School District ad valorem taxes for educational purposes for that school district for certain residents of that district who have annual incomes not exceeding $25,000.00 and who are 75 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 2 of this Act shall become of full force and effect immediately. If Sections 1 and 2 of this Act are not so approved or if the election is not conducted as provided in this section, then Sections 1 and 2 of this Act shall not become effective and this Act shall be immediately repealed following that election date. The expense of such election shall be borne by Floyd County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Notice of intent to introduce Local Legislation to change the amount of deductions for ad valorem school taxes for Rome and Floyd County. Smith of the 12th Childers of the 13th GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Smith, who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 8, 1996. /s/ Paul E. Smith Representative, 12th District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. NEWTON COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 710 (House Bill No. 1695). AN ACT To provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Newton County, except taxes to retire school bond indebtedness and county school district 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.

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SECTION 2. Each resident of Newton County is granted an exemption on that person's homestead from all Newton County ad valorem taxes for county purposes in the amount of $4,000.00 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 Newton County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Newton County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act to certain lessees shall not affect the eligibility of residents of Newton County for any homestead exemption from Newton County ad valorem taxes for county purposes otherwise available and based upon their ownership of such property. (c) The exemption granted by this Act shall be in lieu of any other homestead exemption from Newton 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 Newton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Newton County for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction

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with the state-wide primary in 1996, and shall issue the call therefore not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Newton County ad valorem taxes for county purposes for that county in the amount of $4,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 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, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Newton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 8. Except as otherwise specified in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for a $4,000.00 homestead exemption for certain leased property from certain Newton County ad valorem taxes for county purposes; and for other purposes. This 29th day of January, 1996. Representative Denny M. Dobbs 92nd District

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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 The Covington News, which is the official organ of Newton County, on the following date: February 8, 1996. /s/ Denny M. Dobbs Representative, 92nd District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. DOUGHERTY JUDICIAL CIRCUIT SENIOR JUDGES; COUNTY SUPPLEMENT. No. 711 (House Bill No. 1705). AN ACT To amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4587), so as to provide for a county supplement to the senior judges of such judicial circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess., p. 7), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4587), is amended by striking in its entirety Section 2A and inserting in lieu thereof the following: SECTION 2A. (a) The judge of the Superior Court of Dougherty County senior in term of continuous service shall receive an annual supplement of $25,000.00. Each other judge of such court shall receive an annual supplement of $23,000.00. Such supplements shall be payable from the funds of Dougherty County in equal monthly installments and shall be in

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addition to the compensation of the judges of the Dougherty Judicial Circuit provided by law. (b) The governing authority of Dougherty County shall be authorized, but not required, to supplement the salary of each senior judge of the Dougherty Judicial Circuit who is subject to the provisions of Chapter 8 of Title 47 of the O.C.G.A. in an amount not to exceed the difference between two-thirds of the county supplement which was being paid to such judge at the time he or she elected senior status and two-thirds of the county supplement paid to the most senior active judge of the Dougherty Judicial Circuit. 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating the Dougherty Judicial Circuit, approved March 22, 1964 (Ga. L. 1964, Ex. Sess. P. 7), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, P. 4587): and for other purposes. This 8th day of February, 1996. /s/Tommy Chambless Representative Tommy Chambless District 163 February 8, 1996 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Chambless, who, on oath, deposes and says that he is Representative from the 163rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of Dougherty County, on the following date: February 8, 1996. /s/ Tommy Chambless Representative, 163rd District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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PEACHTREE CITY WATER AND SEWERAGE AUTHORITY POWERS; COST OF PROJECTS. No. 712 (House Bill No. 1708). AN ACT To amend An Act creating the Peachtree City Water and Sewerage Authority, approved March 31, 1987 (Ga. L. 1987, p. 5085), so as to change a definition; to confer additional powers upon 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 Peachtree City Water and Sewerage Authority, approved March 31, 1987 (Ga. L. 1987, p. 5085), is amended by striking paragraph (2) of subsection (a) of Section 3 and substituting in lieu thereof a new paragraph (2) to read as follows: (2) `Cost of the project' means and embraces the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, the cost of engineering, architectural, fiscal, and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, the cost of acquiring capital stock described in paragraph (7.1) of Section 4 of this Act, and such other expenses as may be necessary or incident to the financing authorized in this Act, the construction of any project, the placing of same in operation, and the condemnation of property necessary for such construction and operation. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as 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. SECTION 2. Said Act is further amended by adding a new paragraph immediately following paragraph (7) of Section 4 to read as follows: (7.1) To acquire projects as defined in this Act by acquiring all of the issued and outstanding capital stock of any corporation primarily

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engaged in owning and operating projects for the purpose of promptly dissolving such corporation and transferring the assets of such corporation to the authority. 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating the Peachtree City Water and Sewerage Authority, approved March 31, 1987 (GA. L. 1987, p. 5085), to confer additional powers upon the authority; to repeal conflicting laws; and for other purposes. This 2nd day of February, 1996. State Representative Dan Lakly Senator Arthur Skin Edge 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 the Fayette County News, which is the official organ of Fayette County, on the following date: February 3, 1996. /s/ Dan Lakly Representative, 105th District Sworn to and subscribed before me, this 8th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CRISP COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 713 (House Bill No. 1726). AN ACT To amend an Act creating a board of commissioners for Crisp County, approved August 16, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4067), so as to change the provisions relative to the compensation of the chairperson and other members of said board of commissioners; to set lower and upper limits on such compensation; to authorize the board to fix such compensation within such limits; to provide for procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners for Crisp County, approved August 16, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4067), 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 other than the chairperson shall receive an annual salary of not less than $3,600.00 nor more than $15,000.00, the exact amount of such annual salary to be established by a resolution of said board of commissioners. The chairperson of the board of commissioners shall receive an annual salary of not less than $4,800.00 nor more than $15,000.00, the exact amount of such annual salary to be established by a resolution of said board of commissioners. The chairperson and members of the board of commissioners shall receive the minimum salary unless and until the board acts by resolution to approve an increase. At least ten days prior to the final adoption of any resolution providing for an increase in salary, the board of commissioners shall publish in the county legal organ a prominent notice of the board's intention to adopt the proposed increase. The members and chairperson of the board of commissioners shall be reimbursed for actual and necessary expenses incurred by them when traveling exclusively in the interest of the county in their capacity as commissioners. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to change provisions relating to compensation for the Crisp County Board of Commissioners, so as to

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authorize the board of commissioners to fix the compensation of its chairman and other members at such amount as may be determined by the board of commissioners, not to exceed a certain maximum amount; to provide for related matters; and for other purposes. This 26th day of January, 1996. Crisp County Board of Commissioners 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 Cordele Dispatch, which is the official organ of Crisp County, on the following date: January 31, 1996. /s/ Johnny Floyd Representative, 138th District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. PERRY AREA CONVENTION AND VISITORS BUREAU AUTHORITY MEMBERSHIP. No. 714 (House Bill No. 1741). AN ACT To amend an Act creating the Perry Area Convention and Visitors Bureau Authority, approved February 27, 1990 (Ga. L. 1990, p. 3542), so as to provide for an additional ex officio member of the authority; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Perry Area Convention and Visitors Bureau Authority, approved February 27, 1990 (Ga. L. 1990, p. 3542), is amended by striking

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Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: SECTION 2. (a) The Perry Area Convention and Visitors Bureau Authority shall consist of 13 members, nine of which shall be regular members and four of which shall be ex officio members. All 13 members of the authority shall be at least 18 years of age and residents of the City of Perry or owners or employees of businesses within the city. At least four of the nine regular members shall be either an owner, operator, or manager of a hotel, motel, or restaurant in the city. The Board of Directors of the Perry Area Chamber of Commerce shall recommend five of the regular members, three of which shall be either an owner, operator, or manager of a hotel, motel, or restaurant and two of which shall not be an owner, operator, or manager of a hotel, motel, or restaurant. The mayor and each city councilperson will appoint one regular member of the authority and there will always be one regular authority member representing the mayor and each of the six council posts. The members of the authority who represent a city councilperson or the mayor shall serve for the time served by the councilperson or mayor who appointed them, with a new appointment to be made when there is a new mayor or city councilperson elected or at the beginning of a new term of a mayor or city councilperson. In addition, the mayor and city council shall make a joint appointment of two regular members for a one-year term, both of which shall not be an owner, operator, or manager of a hotel, motel, or restaurant. Said joint appointees shall initially serve from the time of their appointment until January 1, 1991. Thereafter, said joint appointees shall each serve for a two-year term. Appointments of the members representing a city councilperson or the mayor shall be made within 30 days of the date the councilperson or mayor takes office and the joint appointments of the mayor and city council shall be made within 30 days of the first meeting of the mayor and city council in January of each year. (b) The councilpersons serving in Council District 1, Post 1, Council District 2, Post 2, and Council District 3, Post 2 will each appoint a member of the authority who shall not be an owner, operator, or manager of a hotel, motel, or restaurant. The councilpersons serving in Council District 1, Post 2, Council District 2, Post 1, and Council District 3, Post 1 shall each appoint a regular member of the commission who is an owner, operator, or manager of a hotel, motel, or restaurant and said appointments shall be made after receiving recommendations of the Board of Directors of the Perry Area Chamber of Commerce. The mayor will appoint a regular member who is an owner, operator, or manager of a hotel, motel, or restaurant. The joint appointments of the mayor and city council shall not be an owner, operator, or manager of a hotel, motel, or restaurant and said appointments shall be made after receiving recommendations of the Board of Directors of the Perry Area Chamber of Commerce.

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(c) In choosing the regular members to represent Council District 1, Post 2, Council District 2, Post 1, and Council District 3, Post 1 and the regular members appointed jointly by the mayor and council, the mayor and council shall not be bound by the recommendations from the Perry Area Chamber of Commerce. (d) In addition to the nine regular members, there shall be four ex officio members of the authority. These members shall be the executive director of the Perry Area Convention and Visitors Bureau, the city manager for the City of Perry, the executive director of the Perry Area Chamber of Commerce, and the executive director of the Georgia National Fair and Agricenter or his or her designee. Ex officio members shall not be entitled to vote but otherwise shall have all powers and responsibilities of a regular authority member. (e) Any member can be removed by two-thirds' vote of the mayor and entire council, with the mayor having the right to vote on the question of removal. (f) All the members of the authority shall serve without compensation; provided, however, the city council may reimburse authority members for reasonable expenses incurred in connection with their service as authority members. SECTION 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 1996 session of the General Assembly of Georgia a bill to amend the local act creating the Perry Area Convention and Visitors Bureau Authority, approved February 27, 1990 (Ga. L. 19901 p. 3550); and for other purposes. This 12th day of February, 1996. Representative Larry Walker 141st District 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

Page 3834

the Houston Times-Journal, which is the official organ of Houston County, on the following date: February 14, 1996. /s/ Larry Walker Representative, 141st District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Lounell R. Jones Notary Public, Georgia My Commission Expires April 4, 1998 (SEAL) Approved April 1, 1996. WEBSTER COUNTY MAGISTRATE COURT; JUDGE OF THE PROBATE COURT TO SERVE AS CHIEF MAGISTRATE. No. 715 (House Bill No. 1743). AN ACT To amend an Act providing for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), so as to provide that the judge of the Probate Court of Webster County shall also serve as the chief magistrate of the Magistrate Court of Webster County; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of terms of the current chief magistrate; to repeal certain exemptions from jury duty; to provide for vacancies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), is amended by striking Sections 1, 2, 3, and 4 and inserting in their places new Sections 1, 2, 3, and 4 to read as follows: SECTION 1. (a) Effective January 1, 1997, the judge of the Probate Court of Webster County shall also serve as and be the chief magistrate of the Magistrate Court of Webster County. The term of office of the judge serving as chief magistrate shall be concurrent with such judge's term of office as judge of the probate court. There shall be no election in 1996 or thereafter for the office of chief magistrate of the Magistrate Court of Webster County.

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(b) Effective January 1, 1997, the judge of the probate court and chief magistrate, in addition to any compensation received for service as judge of the probate court, shall receive a supplement for service as chief magistrate in an amount to be fixed by the governing authority of Webster County. Such supplement shall not be less than the minimum amount provided by any general law of the state for additional service by a judge of the probate court as chief magistrate. SECTION 2. The chief magistrate of the Magistrate Court of Webster County who is serving as such on January 1, 1996, and any person selected to fill a vacancy in such office shall continue to serve as such chief magistrate for a term of office which shall expire December 31, 1996, and, during such time period, shall continue to receive the same salary such person was receiving for performing such duties pursuant to Section 4 of Ga. L. 1984, p. 4451. SECTION 3. In the event of a vacancy on or after January 1, 1997, the person assuming the position of judge of the probate court shall assume additionally the position of chief magistrate. SECTION 4. (a) Any other magistrate shall thereafter be appointed by the governing authority of Webster County for a term of office which shall expire on the date the term of office of the chief magistrate expires. The governing authority shall not appoint more than two magistrates for said magistrate court. (b) The chief magistrate shall appoint the clerk and other court personnel of the magistrate court; provided, however, that the number of such court personnel shall be approved by the governing authority of Webster County. (c) If the constable of the Magistrate Court of Webster County is unable for any reason to perform the constable's duties, the sheriff of Webster County and the sheriff's deputies shall serve as constables for the Magistrate Court of Webster County. The sheriff and the sheriff's deputies shall not be entitled to any additional compensation for performing such duties. (d) The governing authority of Webster county shall fix the salaries of the other magistrates and the compensation of the clerk of the court and other court personnel. 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 1996 session of the General Assembly of Georgia a bill to amend an Act providing for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451) and for other purposes. This 9th day of February, 1996. Lucius Black, Chairman Webster County Commission 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 15, 1996. /s/ Bob Hanner Representative, 159th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. WALTON COUNTY SHERIFF; VACANCIES. No. 716 (House Bill No. 1746). AN ACT To asmend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4560), so as to repeal certain provisions regarding a vacancy in the office of sheriff of Walton County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p.

Page 3837

2172), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4560), is amended by striking Section 8, which reads as follows: SECTION 8. In the event of a vacancy in the office of sheriff of Walton County, for any reason, the chief deputy sheriff shall succeed to the office of sheriff for the remainder of the unexpired term of office of sheriff and until a successor is elected and qualified., and inserting in its place a new Section 8 to read as follows: SECTION 8. Reserved. 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 1996 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended, particularly by an Act approved April 1, 1994 (Ga. L. 1994, p. 4560); and for other purposes. This 2nd day of February, 1996. Representative Jere W. Johnson 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jere W. Johnson, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: February 7, 1996. /s/ Jere W. Johnson Representative, 84th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CALHOUN COUNTY BOARD OF EDUCATION; COMPENSATION AND EXPENSES. No. 717 (House Bill No. 1748). AN ACT To provide for the compensation and expenses of the members of the Board of Education of Calhoun 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. Members of the Board of Education of Calhoun County shall each receive a per diem of $75.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. All accounts for such service and expenses shall be approved and verified prior to reimbursement in such manner as shall be specified by the board. The compensation of members of the board shall be paid only from the local tax funds available to such local board for educational purposes. As a part of the compensation of such office, each member of the board shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the Official Code of Georgia Annotated. 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. A BILL TO BE ENTITLED AN ACT To provide for the compensation and expenses of the members of the Board of Education of Calhoun County; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA SECTION I Members of the Board of Education of Calhoun County shall each receive a per diem of $75 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

Page 3839

a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. All accounts for such service and expenses shall be approved and verified prior to reimbursement in such manner as shall be specified by the board. The compensation of members of the board shall be paid only from the local tax funds available to such local board for educational purposes. As a part of the compensation of such office, each member of the board shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20 2-55 of the Official Code of Georgia Annotated. SECTION II This Act shall become more 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 III All laws and parts of laws in conflict with this Act are repealed. February 14, 1996. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun-Clay Herald, which is the official organ of Calhoun County, on the following date: February 14, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 14th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. EFFINGHAM COUNTY STATE COURT; SOLICITOR; COMPENSATION. No. 718 (House Bill No. 1766). AN ACT To amend an Act entitled An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, perticularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3821), so as to change the salary of the solicitor of such court; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3821), is amended by striking from Section 4A the following: $15,840.00, and inserting in lieu thereof the following: $18,000.00, so that when so amended such section shall read as follows: SECTION 4A. The solicitor of said court shall receive a salary of $18,000.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County; and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose. In addition, he or she shall receive reimbursement for all expenses incurred by him or her in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his or her services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1996 session of the General Assembly of Georgia a bill affecting the compensation of the Solicitor 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

Page 3841

published in the Herald, which is the official organ of Effingham County, on the following date: February 14, 1996. /s/ Ann R. Purcell Representative, 147th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. BROOKS COUNTY BOARD OF TAX ASSESSORS; LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM. No. 719 (House Bill No. 1769). AN ACT To repeal an Act approved March 20, 1985 (Ga. L. 1985, p. 3888), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (Res. Act No. 218; H.R. 733-1686; Ga. L. 1972, p. 1452) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County; to repeal that constitutional amendment duly ratified at the 1972 general election (Res. Act No. 218; H.R. 733-1686; Ga. L. 1972, p. 1452) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County; to provide for the appointment of the members of the board of tax assessors of Lowndes County; to provide that all matters relating to the board shall be pursuant to the general laws of the State of Georgia; to provide for the transfer of books, documents, records, property, powers, duties, actions, appeals, and other matters; to provide that no elections for membership on such board shall be conducted in 2000 or thereafter; to provide the authority for this 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. That Act approved March 20, 1985 (Ga. L. 1985, p. 3888), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (Res.

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Act No. 218; H.R. 733-1686; Ga. L. 1972, p. 1452) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, relating to the election of the Board of Tax Assessors of Lowndes County, is repealed in its entirety effective December 31, 2000. SECTION 2. That constitutional amendment duly ratified at the 1972 general election (Res. Act No. 218; H.R. 733-1686; Ga. L. 1972, p. 1452) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, relating to the election of the Board of Tax Assessors of Lowndes County and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia, is repealed in its entirety effective December 31, 2000. SECTION 3. (a) Prior to December 31, 2000, it shall be the duty of the governing authority of Lowndes County to appoint members of a board of tax assessors. Such board shall be appointed and the members thereof shall have such qualifications, terms, duties, and powers as provided by the general laws of the State of Georgia. Terms of office of such members shall begin on January 1, 2001. On January 1, 2001, the powers, duties, books, documents, and property of the former elected board of tax assessors and all pending actions, matters, and appeals of or before such former board shall be transferred to the newly appointed board. Any such action, matter, or appeal shall not be affected or abated by the change in the manner of selecting members of the board of tax assessors and the transfers authorized by this section. (b) No election for membership on the Board of Tax Assessors of Lowndes County shall be held or conducted in 2000 or thereafter. SECTION 4. This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987. SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lowndes County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Lowndes County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, 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 Lowndes

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County. The ballot shall have written or printed thereon the words: () YES () NO Shall the local constitutional amendment be repealed which provides for the election of the Board of Tax Assessors of Lowndes County so that the members of the board shall be appointed as provided by general law on and after January 1, 2001? 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, 2, and 3 of this Act shall become of full force and effect immediately. If Sections 1, 2, and 3 of this Act are not so approved or if the election is not conducted as provided in this section, this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Lowndes County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 6. Except as otherwise provided in Section 5 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to repleo an Act approved March 20, 1985 (Ga. L. 1985, p. 3888), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1972 general election (Res. Act No. 218; H. R. 733-1686; Ga. L. 1972, p. 1452) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County; to repeal that constitutional amendment duly ratified at the 1972 general election (Res. Act No. 218; H. R. 733-1686; Ga. L. 1972, p. 1452) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia relating to the election of the Board of Tax Assessors of Lowndes County; to provide for the appointment of the members of the board of tax assessors of Lowndes County; to provide that all matters relating to the board shall be pursuant to the general laws of the State of Georgia, to provide for the transfer of books, documents, records, property, powers, duties, actions, appeals, and other matters; o to provide that no elections for membership on such board shall be conducted in

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2000 or thereafter; to provide the authority for this Act; to provide for a referendum; to provide effective dates; and for other purposes. This 17th day of February, 1996. PHYLLIS B. WATERS, LOWNDES COUNTY CLERK 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 17, 1996. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 20th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF NORCROSS CORPORATE LIMITS. No. 720 (House Bill No. 1772). AN ACT To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 15, 1993 (Ga. L. 1993, p. 4725), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 15, 1993 (Ga. L. 1993, p. 4725), is amended by adding at the end of Section 1.12 a new subsection to be designated subsection (d) to read as follows:

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(d) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described right of way, all of which is located in Gwinnett County, Georgia: All that tract or parcel of land lying and being in Land Lots 271, 272, 273, and 274 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: The right of way of Peachtree Industrial Boulevard beginning at a point 787 feet east of the intersection with Holcomb Bridge Road, said point coinciding with the east boundary of tax parcel 6-274-5, and continuing 1.43 miles through and including the intersection of said boulevard and Medlock Bridge Road. Such right of way varies from 200 feet to 300 feet in width. 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating anew charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 15, 1993 (Ga. 1993, p. 4725); and for other purposes. This 16th day of February, 1996. Representative Brooks P. Coleman District 80 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 Daily Post, which is the official organ of Gwinnett County, on the following date: February 16, 1996. /s/ Brooks P. Coleman, Jr. Representative, 80th District Sworn to and subscribed before me, this 20th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CITY OF BLAKELY CITY ADMINISTRATOR. No. 721 (House Bill No. 1776). AN ACT To amend an Act providing a new charter for the City of Blakely, approved April 5, 1994 (Ga. L. 1994, p. 4579), so as to repeal certain provisions relating to the city administrator; to repeal certain provisions relating to council interference with administration; 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 Blakely, approved April 5, 1994 (Ga. L. 1994, p. 4579), is amended by striking from Article III, relating to the organization of government, general authority, and ordinances, Sections 3.21 through 3.25 which read as follows: SECTION 3.21. Chief administrator appointment; qualifications; compensation. The city council shall appoint a 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. SECTION 3.22. Removal of city administrator. (a) The city council may remove the city administrator from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of 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 city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city administrator may file with the city council a written reply not later than five days before the hearing; (3) If the city administrator has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective

Page 3847

immediately, by an affirmative vote of a majority of all its members. If the city administrator has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city administrator shall continue to receive his or her salary until the effective date of a final resolution of removal. SECTION 3.23. Acting city administrator. By letter filed with the city clerk-treasurer, the city administrator shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city administrator during his or her temporary absence or disability. During such absence or disability, the city administrator may revoke such designation at any time and appoint another officer of the city to serve until the city administrator shall return or his or her disability shall cease. SECTION 3.24. Powers and duties of the city administrator. The city administrator shall be the chief administrative officer of the city. He or she shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties: (1) The right to suspend department heads for good cause until the next meeting of the city council when the matter shall be passed upon by the council. While the appointment and removal of department heads must be made by the council, nevertheless, the city administrator shall have the duty, responsibility, and right to make recommendations to the council on the appointment or removal of a department head; (2) To 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) To attend all city council meetings and have the right to take part in discussion but he or she may not vote; (4) To see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed; (5) To prepare and submit the annual operating budget and capital budget to the city council;

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(6) To 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) To make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision; (8) To keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he or she deems desirable; and (9) To perform other such duties as are specified in this charter or as may be required by the city council. SECTION 3.25. Council interference with administration. Except for the purpose of inquiries and investigations under Section 3.12, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city administrator solely through the city administrator and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately., and inserting in lieu thereof the following: SECTION 3.21. Reserved. SECTION 3.22. Reserved. SECTION 3.23. Reserved. SECTION 3.24. Reserved. SECTION 3.25. Reserved. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing a new

Page 3849

charter for the City of Blakely, approved April 5, 1994 (Ga. L. 1994, p. 4579); and for other purposes. This 12th day of February, 1996. Gerald E. Greene Representative 158th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald E. Greene, who, on oath, deposes and says that he is Representative from the 158th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News, which is the official organ of Early County, on the following date: February 15, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. TALBOT COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 722 (House Bill No. 1799). AN ACT To provide that certain vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Talbot County during the four-month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Talbot County shall be February 1 through March 31 of each calendar year for all vehicles owned by entities other than natural persons, and for all vehicles owned by natural persons the

Page 3850

registration period shall be the designated four-month staggered registration period from January 1 through April 30 of each calendar year, as provided in subparagraph (a)(1)(B) of Code Section 40-2-21 of the O.C.G.A. All such vehicles shall be registered and licensed to operate for the ensuing calendar year and each year thereafter during such designated periods. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1996 Session of the General Assembly of Georgia a bill to provide that certain vehicles shall be registered to operate for the calendar year 1998 and thereafter in Talbot County during the four month staggered registration period from January 1 through April 30 and other vehicles in said county shall be registered and licensed to operate during February and March, as provided by general law; and for other purposes. This 14th day of February, 1996. P. W. Richardson Talbot County Board of Commissioners 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: February 22, 1996. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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BARTOW COUNTY BOARD OF EDUCATION; ADVISORY REFERENDUM ON MANNER OF ELECTION OF MEMBERS. No. 723 (Senate Bill No. 459). AN ACT To amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), so as to provide for a statement of purpose; to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of determining whether each of the five members of the Bartow County Board of Education should reside in a single-member education district and be elected by the voters residing only in that education district or shold reside in a single-member education district and be elected by the voters of the entire Bartow County School District; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to provide for the submission of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the purpose of this Act to provide for an advisory referendum election to be held in the Bartow County School District for the purpose of ascertaining whether the electors of such school district are in favor of each of the five members of the Bartow County Board of Education being required to reside in a single-member education district and be elected by the voters residing only in that education district or being required to reside in a single-member education district and be elected by the voters of the entire Bartow County School District. SECTION 2. An Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), is amended by adding to said Act a new Section 1.1 to read as follows: SECTION 1.1. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bartow County shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting one question to the electors of the Bartow County School District to determine whether the electors of such school district are in favor of each of the five members of the Bartow County Board of Education: (1) being required to reside in a single-member education district and be elected by the voters residing only in that education district, or (2) being required to reside in a single-member education district and be elected by the voters of the entire Bartow

Page 3852

County School District. The superintendent shall set the date of such election for the Tuesday after the first Monday in November, 1996, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County. The ballot shall have written or printed thereon the following: `Advisory Referendum Election Select the manner of electing members of the Board of Education of Bartow County which you prefer by placing a check () mark or (X) in the appropriate space below. Vote for only one of the options below. If the Bartow County School District is divided into five education districts with one member of the board of education residing in each education district, do you want: __________ (1) The member of the board of education residing in each education district to be elected by the voters residing only within that education district; or __________ (2) Each member of the board of education to be elected by the voters of the entire Bartow County School District?' (b) It shall be the duty of the election superintendent of Bartow County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Bartow County. The expense of such election shall be borne by Bartow County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Bartow County and the Bartow County School District, is for a public purpose, and is an essential governmental function for which public funds may be expended. 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 Bartow County to submit this Act to the United States Attorney General for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: bartow Plan: bartowsb2

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District No. 1 BARTOW Tract: 9603.98 Block: 215, 216, 217, 218, 219, 220, 223, 224, 225, 226, 278, 282, 283, 284, 285, 286, 287, 288, 289, 290 Tract: 9605. Block: 304, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416 Tract: 9606. Block: 106B, 106C, 108B, 109, 110, 111B, 112B, 113B, 114B, 114C, 124B, 425B, 427, 428B, 429B, 431C, 431D, 432B, 608B, 608C, 614C, 616, 617B, 617C, 618C, 618D, 618E Tract: 9608. Block: 373C, 374, 375, 376, 405, 406, 407, 408, 521, 522B, 522C, 523B, 525B, 525C, 526, 527, 528, 529, 530B, 531B, 531C, 532, 533, 534, 535, 536B, 537, 538, 539, 540B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553 Tract: 9609. Block: 101, 102, 103, 104, 105B, 105C, 105D, 105E, 106, 107, 108D, 108E, 109, 110, 111, 112, 113B, 114C, 114D, 115B, 201B, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211B, 211C, 213, 214B, 215H, 217, 218, 219, 220, 221C, 221D, 222, 223, 224, 225, 226A, 226B, 227A, 227B, 228, 229, 230, 231, 232, 301B, 301C, 304B, 305B, 306B, 306C, 307B, 308B, 308C, 308D, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350 Tract: 9610. Block: 111, 112A, 112B, 113A, 113B, 114, 126, 127A, 127B, 131A, 131B, 132A, 132B, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141B, 141C, 142A, 142B, 143, 144, 145A, 145B, 145C, 146, 147, 148, 149, 150A, 150B, 151A, 151B, 152A, 152B, 152C, 153, 154, 155, 156, 157A, 157B, 158A, 158B, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 236, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252A, 252B, 253A, 253B, 253C, 254A, 254B, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266A, 266B, 267, 268, 269, 270A, 270B, 271A, 271B, 272, 273, 274, 275, 276

Page 3854

District No. 2 BARTOW Tract: 9601. Block: 115, 116, 117, 118, 119, 120, 121, 122, 123, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 221, 222 Tract: 9602. Block: 101, 102, 103, 104, 105, 106, 107A, 107B, 108, 109A, 109B, 109C, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 128C, 129A, 129B, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 149, 150, 151A, 151B, 152 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554 Tract: 9603.98 Block: 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, 149, 150, 151A, 151B, 152, 153A, 153B, 154, 155, 156, 157A, 157B, 158, 159, 160, 206, 207, 208, 209, 210, 213, 214, 227, 228A, 228B, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250A, 251, 252, 253, 254, 255A, 255B, 256, 257A, 257B, 258A, 258B, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 279, 280, 281, 291 Block Group: 3 Tract: 9610. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 128, 129, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 234, 235, 239 District No. 3 BARTOW Tract: 9601. Block: 223, 224, 225, 226, 227, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602. Block: 146, 147, 148, 542

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Tract: 9603.98 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block: 208, 209, 210, 227, 228, 229, 230, 231, 232B, 233, 234B Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513B, 513C, 514B, 514C, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block: 207C, 207D, 208, 216, 217, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 417B, 418B, 420B, 421B District No. 4 BARTOW Tract: 9601. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 201, 202, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 301, 302, 303A, 303B, 304, 305A, 305B, 305C, 306, 307, 308, Block: 309A, 309B, 310, 311, 312A, 312B, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336, 337A, 337B, 338A, 338B, 339, 340A, 340B, 341, 342, 343, 344, 345B, 345C, 345D, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382B, 383B, 384, 385, 386 Tract: 9604. Block: 101C, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118B, 118C, 118D, 118E, 119, 120B, 121B, 122B, 123B, 124, 125, 126, 127, 128, 132B, 133B, 201, 202, 203B, 203C, 203D, 204, 205B, 205C, 206C, 207, 211, 212B, 213C, 213D, 214B, 214C, 215, 216, 217B, 217C, 218B, 219, 220, 223B, 224B, 225B, 226, 235B, 235C, 236B, 236C, 236D, 237, 238, 239B, 239C, 241C, 242C, 243B, 243C, 244C, 245B, 245C, 246B, 247B, 247C, 248B, 249, 250B, 251B, 252B, 253C, 254B, 255B, 256B, 257C, 258B, 259, 260, 261B, 513D, 513E

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Tract: 9605. Block: 101, 102B, 103, 104B, 105B, 106B, 107, 108, 109, 110, 111, 112B, 112C, 113, 114, 115, 116B, 117A, 117B, 117C, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131B, 132B, 133B, 134B, 138, 139, 140, 201, 202, 203B, 203C, 421C, 422 Tract: 9607. Block: 111, 112, 113, 114, 115, 116, 117, 118, 119, 120B, 120D, 121, 122, 123, 124, 125, 126, 127, 128B, 132, 133, 134, 140D, 203C, 204B, 206D, 206E, 206F, 207B, 213B, 214C, 214D, 301B, 301C, 301D, 302B, 303B, 304D, 304E, 305B, 305C, 306B, 307B, 321B, 321C District No. 5 BARTOW Tract: 9606. Block: 501B, 501C, 523B, 524B, 601, 602B, 602C, 614D, 618B, 621 Tract: 9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120C, 129, 130, 131, 135, 136B, 140C, 141B, 143B, 144B, 145, 146, 147, 148, 149, 150, 151, 152B, 153, 159B, 160, 161, 162A, 162B, 165B, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9608. Block Group: 1 Block Group: 2 Block: 301A, 301B, 302A, 302B, 303A, 303B, 303C, 304, 305A, 305B, 305C, 306, 307A, 307B, 308, 309, 310A, 310B, 310C, 311, 312, 313, 314A, 314B, 314C, 315, 316, 317, 318A, 318B, 318C, 319A, 319B, 319C, 320A, 320B, 321, 322A, 322B, 323A, 323B, 324, 325A, 325B, 326A, 326B, 326C, 327, 328A, 328B, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 343C, 343D, 344A, 344B, 345, 346, 347, 348, 349, 350, 351A, 351B, 352, 353, 354, 355A, 355B, 355C, 356A, 356B, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371A, 371B, 372, 373A, 373B, 401, 402, 403, 404, 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, 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A, 517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 540A, 541A, 541B, 554, 555, 556 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

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Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915); and for other purposes. This 21 day of February, 1995. Bartow County Board of Education 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 23, 1995. /s/ Nathan Dean Senator, 31st 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 1, 1996. DADE COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 724 (Senate Bill No. 488). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Dade 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 Dade County shall be elected by the qualified voters of Dade 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.

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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. 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 1996 session of the General Assembly of Georgia a bill to provide for the nonpartisan

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nomination and election of the judge of the Probate Court of Dade 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 provide for related matters; to repeal conflicting laws; and for other purposes. This 15 day of December, 1995. Honorable John C. Black, Senator, 53rd District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Black, who, on oath, deposes and says that he is Senator from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel, which is the official organ of Dade County, on the following date: January 3, 1996. /s/ John C. Black Senator, 53rd District Sworn to and subscribed before me, this 8th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. FULTON COUNTY LIBRARY BOARD OF TRUSTEES; PER DIEM ALLOWANCE. No. 725 (Senate Bill No. 642). 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 18, 1983 (Ga. L. 1983, p. 4228), an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), an Act approved March 27, 1985 (Ga. L. 1985, p. 4327), an Act approved March 28, 1986 (Ga. L. 1986, p. 5370), an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), an Act approved March 13, 1990 (Ga. L. 1990, p. 3715), an Act approved March 30, 1993 (Ga. L. 1993, p. 4429), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), so as to provide that a per diem allowance may be paid to certain members of the board of trustees; to provide an effective date; to repeal conflicting laws; and for other purposes.

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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 18, 1983 (Ga. L. 1983, p. 4228), an Act approved March 21, 1984 (Ga. L. 1984, p. 4711), an Act approved March 27, 1985 (Ga. L. 1985, p. 4327), an Act approved March 28, 1986 (Ga. L. 1986, p. 5370), an Act approved March 24, 1988 (Ga. L. 1988, p. 4613), an Act approved March 13, 1990 (Ga. L. 1990, p. 3715), an Act approved March 30, 1993 (Ga. L. 1993, p. 4429), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), is amended by inserting a new subsection (i) in Section 4 to read as follows: (i) Members of the library board of trustees may receive a per diem allowance for each meeting of the board of trustees which they attend. Such allowance shall be in such amount as may be fixed from time to time by the board of commissioners of Fulton County. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1996 Session of the Georgia General Assembly, a bill to amend an Act creating a Countywide Library System in Fulton County Georgia, approved April 12, 1982, (Ga Law 1982, p 4174), as amended, so as to provide members of the Fulton County Library Board of Trustees a per diem allowance for each meeting of the Board of Trustees; and for other purposes. This 11th day of January, 1996 Honorable Michael J. Egan 40th Senatorial District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael J. Egan, who, on oath, deposes and says that he is Senator from the 40th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Fulton County Daily Report, which is the official organ of Fulton County, on the following date: January 17, 1996. /s/ Michael J. Egan Senator, 40th District Sworn to and subscribed before me, this 25th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. LUMPKIN COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 726 (Senate Bill No. 651). AN ACT To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Lumpkin County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 Lumpkin County. The amount of such fees shall be fixed by the chief judge of the Superior Court of Lumpkin 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. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that law library

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fees be charged and collected in actions or cases filed in the Magistrate Court of Lumpkin County in addition to other legal costs. This 16th day of January, 1996. Kelso C. Horne, Jr. Trustee, Lumpkin County Law Library GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. 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 25, 1996. /s/ S. Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 1, 1996. CITY OF MCCAYSVILLE NEW CHARTER. No. 727 (Senate Bill No. 690). AN ACT To provide a new charter for the City of McCaysville; 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 tem. 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, 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 provide for severability; to repeal a specific Act; 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: 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 corporate under the name and style McCaysville, Georgia, and by the 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 the City of McCaysville with a duplicate original being filed for reference purposes with the office of the tax assessors for Fannin County, Georgia, and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of McCaysville, Georgia. Photographic, typed, or other copies of such map or description certified by the clerk of the City of McCaysville, Georgia, 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) The City of McCaysville shall be authorized to exercise all powers hereinafter expressly set forth, including those powers necessarily or fairly

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implied or incident to the powers expressly granted, and those powers which are essential to the declared objectives and purposes of the corporation. Said powers shall specifically include all powers permitted to a city in the state under the present Constitution of the State of Georgia or any modified or future adopted constitutions as fully as if said powers were enumerated in this charter. Pursuant to law, this city shall have all the powers of self-government not otherwise prohibited by this charter or the laws of this state or of the United States. (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 following list of powers is intended to set forth some of the specific powers granted to this city under home rule and other grants of power. Said list is intended to set forth some of the broad powers authorized by the state to be exercised by its cities and is not intended in any way to limit the powers of the city. 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 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. To levy and to provide for collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by 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 0or fees; (5) Condemnation. To condemn property, inside the corporate limits of the city for present or future use and for any corporate purpose

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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 fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the

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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 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, 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 or failure 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 ensure a safe, healthy, and esthetically pleasing community;

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

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and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (32) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability 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; (33) 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; (34) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune-telling, palmistry, adult bookstores, and massage parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (36) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (37) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (38) 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or

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protect the safety, health, peace, security, good order, comfort, convenience, 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 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. SECTION 1.15. Joint functions. The city is authorized to exercise its powers and to perform its functions jointly or in cooperation by contract or otherwise with any political subdivision, municipality, or agency thereof. 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 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 general law and this charter. SECTION 2.11. City council; terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified (sworn into office). No person shall have been a resident of the city for less than 12

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months prior to the date of election to mayor or as a member of the council. 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. (a) VacanciesThe office of mayor or councilmember shall become vacant upon the following events: (1) An elected official of the city qualifies for any state, county, or municipal elective office or for the House of Representatives or United States Senate more than 180 days prior to the expiration of the present municipal office; (2) The death or resignation of the incumbent; (3) By a decision of a competent tribunal; (4) By an act or misfortune of the incumbent which renders that person no longer eligible for office; (5) By the incumbent ceasing to be a resident or abandoning office; (6) Recall commenced under the applicable provisions of the Official Code of Georgia Annotated; or (7) The occurrence of other events as outlined in the Official Code of Georgia Annotated, as from time to time amended. (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 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 in accordance with Titles 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 be compensated at the rate of: (1) Mayor $400.00 per month; and (2) Councilmembers $200.00 per month. Expenses incurred in connection with official city business shall be reimbursed in the manner set forth in the policies and procedures manual for the city.

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SECTION 2.14. Conflicts of interest; holding other offices. (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) Conflict of interest No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those 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 that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any

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councilmember who has a private interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official 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 financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees No appointive officer the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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SECTION 2.15. Inquiries and investigations. 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. SECTION 2.16. General power and authority of the city 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 second day of 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 of the United States of America. SECTION 2.19. Regular and special meetings. (a) The city council shall hold regular meetings on the second Tuesday of each month commencing at 7:00 P.M.

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(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (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 council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of minutes of its proceedings, which shall be a public record. (b) The city shall set forth its rules of procedure in its policies and procedures manual. To the extent the city's policies and procedures manual is silent, fails to adequately address, or is void, Robert's Rules of Order, the most current edition, shall govern any meeting. (c) All committees and committee chairs and officers of the city 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. 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 minutes, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes. 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.

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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 McCaysville and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and may be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council. All ordinances shall be presented for the purpose of receiving public comments and similar such purposes at two meetings of the mayor and council. Said meetings can be regularly scheduled meetings of the mayor and council, specially called meetings, public forums convened for said purpose, or workshops where no official business is being transacted. Notice of the consideration of one or more ordinances shall be published twice in the legal organ for Fannin County at least three days prior to the first meeting held for said purpose. Said ordinance can be voted upon at any regularly scheduled meeting or special meeting following the second forum. The requirement for publication and the receiving of public comments shall be waived in the event of an emergency as outlined in Section 2.24. 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. All other acts of the city council which have the force and effect of law shall be enacted by ordinance. Acts set forth in this charter shall be deemed to have the force and effect of law. 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

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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 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 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 50-14-1 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 requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.21(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (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

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regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of McCaysville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and shall serve for a term of four years and until a successor is elected and qualified (sworn into office). 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 2.28. Mayor pro tem. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem. shall assume the duties and powers of the mayor during the mayor's 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 tem. shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14. SECTION 2.29. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council;

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(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (6) Fulfill such other executive and administrative duties as the city council, by ordinance, shall establish. ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor or his or her designee, 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 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

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function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until 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 shall be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may removed at any time by a vote of three 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 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. City attorney. The city council shall appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense for 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

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shall perform such other duties as may be required by virtue of the 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 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. Personnel policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of McCaysville. 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 judge on the municipal court unless that person shall have attained the age of 21 years and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until successors are 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) 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 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.

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SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. The Municipal Court for McCaysville, Georgia, pursuant to Article VI, Section I, Paragraph I of the Constitution of the State of Georgia and Chapter 32 of Title 36 of the Official Code of Georgia Annotated, is empowered with those powers set forth therein and provided therefor. Said powers shall include, but shall not be limited to, the following: (1) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law; (2) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail; (3) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law; (4) 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; (5) 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 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 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;

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(6) 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; (7) 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; (8) 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; and (9) All provisions of the Georgia criminal and traffic laws, as set forth in the Official Code of Georgia Annotated, as from time to time may be amended, are deemed to be adopted by the city and enforceable under the jurisdiction of the City of McCaysville, Georgia. 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 Fannin 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 such proceedings. 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.

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SECTION 5.11. Regular elections; time for holding. Every four years, on the Tuesday next following the first Monday in November, there shall be an election for the mayor and the city council. The terms of office shall begin on January 2 following the November election (at the organizational meeting provided in Section 2.18). No official action binding the city shall be taken on the first day of January unless an emergency situation exists, wherein the city clerk shall administer the oath of office to the mayor and councilmembers scheduled to be sworn into office on the second day of January. 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. 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 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 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.

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SECTION 5.16. Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the 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 by 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 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 Fannin County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Fannin County following a hearing on a complaint seeking such removal brought by any resident of the City of McCaysville. 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.

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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. 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. 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 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. 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 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 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 water sewers, sanitary and health services, or any

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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. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes 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 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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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. 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 6.23. Fiscal year. The fiscal year for the City of McCaysville, Georgia, shall commence on the first day of July and end on the thirtieth day of June. This fiscal year shall constitute the budget year and 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. SECTION 6.25. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city

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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 pertinent 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. 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 shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the fifteenth 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 then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24. (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 45 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 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. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the fifteenth 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 mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by the mayor's recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Independent audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing 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. 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; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21. SECTION 6.32. 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 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. 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

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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 codification as provided by Section 2.26(b) is accomplished. SECTION 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.13. Construction. (a) Section captions in this charter are informative only and 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 7.14. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such validity 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 7.15. Specific repealer. An Act incorporating and granting a new charter for the City of McCaysville, Georgia, in the County of Fannin, approved February 18,

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1941, (Ga. L. 1941, p. 1596), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.16. Effective date. (a) This charter was formally approved by the mayor and members of the city council for the City of McCaysville, Georgia, on the twelfth day of December, 1995. (b) This Act shall become effective on April 1, 1996. SECTION 7.17. 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 1996 session of the General Assembly of Georgia bill to provide a new charter for the City of McCaysville, Georgia; and for other purposes. This 25 day of January, 1996 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 News Observer, which is the official organ of Fannin County, on the following date: January 31, 1996. /s/ David Ralston Senator, 51st District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 1, 1996. CITY OF FORT OGLETHORPE NEW CHARTER; REFERENDUM. No. 728 (Senate Bill No. 733). AN ACT To provide a new charter for the City of Fort Oglethorpe; 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 tem. and certain duties, powers, and other matters relative thereto; to provide for a city manager and acting city manager and powers and duties thereof; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, 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 certain property; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof are incorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style of the City of Fort Oglethorpe, 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

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thereof, to be retained permanently in the office of the city manager and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Fort Ogleghorpe, 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 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. Municipal powers. The city shall have the following powers: (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 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,

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trades, and professions as authorized by Title 48 of the O.C.G.A. 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 O.C.G.A. 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, environmental, 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 fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the

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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; (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; 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 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;

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(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 department and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for 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 valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for the employees of the city, with the exception of the mayor and council, any member of a board, commission, or authority, the city attorney, the

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city auditor, or municipal court judges, all of whom are not permitted to have a retirement plan; (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; 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, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable 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;

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(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 or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council; creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and 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.

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SECTION 2.11. City council; terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council. Each councilmember shall continue to reside in the city during that member'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. (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 if less than six months remain in the unexpired term, otherwise 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 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 state law and by ordinance. SECTION 2.14. Conflicts of interest; holding other offices. (a) Elected and appointed officers of this 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) Conflict of interest -- No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend

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to impair the independence of the official's judgment or action in the performance of those 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 that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interests of the official or others; (4) Accept any gift in excess of $100.00 per annum, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure -- Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official 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 financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property -- No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.

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(e) Contracts voidable and rescindable -- Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official -- Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees -- No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation -- (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. 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. SECTION 2.16. General power and authority of the city 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.

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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, 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. (a) All newly elected officers shall take office on the first day of the following January or as soon thereafter as possible. The following oath shall be administered before some officer duly authorized by law to administer oaths: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God. (b) The city council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the mayor. 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 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

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is reasonably possible as provided by 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 official minutes, which shall be public records. (b) All committees and officers of the city council shall be appointed by the mayor and council and shall serve at the pleasure of the mayor and council. The mayor and council shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum; voting. The mayor or mayor pro tem. 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 roll call vote and the vote shall be recorded in the official minutes. 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 not voting. If the mayor and mayor pro tem. are absent, a presiding officer shall be elected from their group. 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 Fort Oglethorpe 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. 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.

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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 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 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. 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 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 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.

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(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 Fort Oglethorpe, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. City manager; appointment; qualifications; compensation. The city council 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. SECTION 2.28. Removal of city manager. (a) The city manager is an at-will employee of the city and, as such, may be removed from office with or without cause. In such a case, however, his or

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her removal will be effectuated in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal, if any, and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing; (3) If the manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. By providing the city manager an opportunity for a hearing prior to his or her removal, the city is in no way qualifying or restricting the city council's authority or discretion to take such actions. The city manager is an at-will employee of the city. (b) The manager shall continue to receive a salary until the effective date of a final resolution of removal. SECTION 2.29. Acting city manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the 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 city 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

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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; (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, 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.

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SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council and shall have the right to take part in deliberations but shall not vote on any question except in case of a tie; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; 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. Mayor pro tem. By a majority vote at the first meeting in January of each year, the city council shall elect a councilmember to serve 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, any one of the councilmembers chosen by a majority vote of the city council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tem. or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14. SECTION 2.34. 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.

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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 of 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 mayor, city manager, or any member of the city council 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 manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

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(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed 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 city clerk or anyone authorized to administer oaths. (g) All board members serve at will and may be removed at any time by a vote of three 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 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. 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 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. SECTION 3.13. City clerk. The city council shall appoint a city clerk who may be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.

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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 3.17. 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 Fort Oglethorpe. SECTION 4.11. Judges. (a) The municipal court shall be presided over by a judge or 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 and shall possess all the qualifications required by law. All judges shall be appointed by the city council and shall serve until successors are 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) Before assuming office, each judge shall take an oath, given before some officer duly authorized by law to administer oaths, 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

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entered upon the minutes of the city council journal required in Section 2.20. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for 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 shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. 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

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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, and such certiorari shall be obtained under the sanction of a judge of either the Superior Court of Catoosa or Walker counties, depending on the venue of the arrest, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. The judge or judges 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 SECTION 5.10. Applicability of general law. All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.11. Election of the city council and mayor. (a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November.

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(b) 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. (c) For the purpose of electing members of the council, the City of Fort Oglethorpe, Georgia, shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (d) On the Tuesday next following the First Monday in November, 1997, and on that date quadrennially thereafter, there shall be elected councilmembers for Posts 2, 3, and 5. Then, on the Tuesday following the first Monday in November, 1999, and on that date quadrennially thereafter, there shall be elected a mayor and councilmembers for Posts 1 and 4. 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 taking of oath of office as provided in Section 2.18 of this charter. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.13. Election by 40 percent plurality. In order to be elected, the candidate must receive at least 40 percent of the total vote in the initial election. If no candidate receives 40 percent of the vote, a runoff shall be held between the two candidates receiving the most votes in the initial election. 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 six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to

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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) The mayor, a councilmember, or other appointed officers as provided for in this charter shall be removed from office for any one or more of the following causes: (1) Malpractice, 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 subsection (b) of Section 2.14 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Use of oppression or tyrannical partiality in the administration or under the color of one's office; (7) Use of illegal conduct in the performance or administration of the office which is unbecoming the character of a public officer; (8) Willfully and knowingly demanding more costs than one is entitled to by law in the administration and under color of one's office; or (9) Failure for any other cause to perform the duties of office required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to either the Superior Court of Catoosa County or the Superior Court of Walker County, the venue to be controlled by his or her place of residence. 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 either the Superior Court of Catoosa County or the Superior Court of Walker County, the venue depending upon the

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place of residence of the officer, following a hearing on a complaint seeking such removal brought by any resident of the City of Fort Oglethorpe, Georgia. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. 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. 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 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.

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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 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 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 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. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes 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

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in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. 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 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

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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 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. SECTION 6.25. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other 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 6.26. Action by city council on budget. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 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

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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. (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 any 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 not later than 90 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 proposed for the ensuing fiscal year. The city council shall have 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.

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(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first day of December of each year. No appropriations 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 the 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 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. (a) No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21. (b) If the mayor is unable to execute contracts due to his or her absentee or disability, the mayor pro tem. shall sign such contract pursuant to the terms of Section 2.33. 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.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the 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 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 MISCELLANEOUS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected 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 2.26 is accomplished. Every two years thereafter this charter and all ordinances shall be reviewed by a committee appointed by the mayor and council with recommendations made to the council.

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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 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. 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. Polo grounds. The area known as the Polo Grounds, which is surrounded by Barnhardt Circle Drive, shall be preserved in its present condition for the use and benefit of the general public and no future construction or obstruction of any sort shall be allowed in said circle. Those structures now existing, including ball parks, may be improved within their present boundaries, except that nothing herein shall affect the right of the Catoosa County Board of Education relative to those areas previously conveyed to that entity. SECTION 7.15. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.16. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter

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unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.17. Specific repealer. An Act incorporating the City of Fort Oglethorpe in the Counties of Walker and Catoosa, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.18. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Fort Oglethorpe 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 Fort Oglethorpe for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in July, 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 organs of Catoosa County and Walker 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 Fort Oglethorpe? 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 January 1, 1997. The expense of such election shall be borne by the City of Fort Oglethorpe. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7.19. Effective date. Section 7.18 of this charter and this section shall become effective upon signature of the Governor. The remaining sections of this charter shall become effective as provided in Section 7.18 of this charter.

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SECTION 7.20. 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 1996 session of the General Assembly of Georgia a bill to provide a new charter for the City of Fort Oglethorpe, Georgia; and for other purposes. This 23rd day of January, 1996. Doyle Camp, Mayor City of Fort Oglethorpe, Georgia 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 Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of Walker County, on the following date: January 31, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGIS- LATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide a new charter for the City of Fort Oglethorpe, Georgia; and for other purposes. This 23rd day of January, 1996. DOYLE CAMP, MAYOR CITY OF FORT OGLETHORPE, GEORGIA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Farrow, who, on oath, deposes and

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says that he is Senator from the 54th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of Catoosa County, on the following date: January 31, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. FRANKLIN-HART AIRPORT AUTHORITY CREATION. No. 729 (Senate Bill No. 745). AN ACT To create the Franklin-Hart 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 conditions 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the Franklin-Hart Airport Authority Act.

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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 Franklin County and Hart County area. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Franklin and Hart counties, 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. Franklin-Hart Airport Authority. (a) There is created a body corporate and politic, to be known as the Franklin-Hart 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 seven members who shall be residents of Franklin County or Hart County. Two of the members shall be appointed by the governing authority of Franklin County for terms of office of four years each. Two of the members shall be appointed by the governing authority of Hart County for terms of office of four years each. One member shall be appointed by the Franklin County Industrial Building Authority for a term of office of four years. One member shall be appointed by the Hart County Industrial Development Authority for a term of office of four years. The seventh member shall be appointed by the other six members. 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 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 Franklin County

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or Hart 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 Franklin County or Hart 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. The authority may hold public hearings on its own initiative or at the request of residents of Franklin County or Hart 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 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

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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 Franklin County or Hart County for the establishment of a county airport, and any land to be deeded to Franklin County or Hart County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) Authority means the Franklin-Hart 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. (4) Project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of an airport and the usual facilities related thereto. (5) 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. (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.

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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 or 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 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;

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(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed, 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; (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

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(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 officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the 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 bond may be signed, sealed,

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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, 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

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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 Franklin County or Hart County nor a pledge of the faith and credit of said counties; 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 counties 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 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

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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 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

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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 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

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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 Franklin-Hart 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 Franklin 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. 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

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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 Franklin 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 Franklin County as when in the performance of their public duties or work of the county. 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

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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 Franklin County or Hart 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. 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 1996 session of the General Assembly of Georgia a bill to create the Franklin Hart

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Airport Authority; to provide for its membership, powers, duties, and authority; to provide for all matters relative to the foregoing and for other purposes. This 19th day of January, 1996. The Franklin County and Hart County Legislative Delegation GREEN ASHWORTH P.O. Box 60 794 Church Street Royston, Georgia 30662 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 Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen, which is the official organ of Franklin County, on the following date: January 25, 1996. /s/ Eddie Madden Senator, 47th District Sworn to and subscribed before me, this 20th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to create the Franklin Hart Airport Authority; to provide for its membership, powers, duties, and authority; to provide for all matters relative to the foregoing; and for other purposes. This 19th day of January, 1996. The Franklin County and Hart County Legislative Delegation 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 Notice of Intention to Introduce Local Legislation was published in the

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Hartwell Sun, which is the official organ of Hart County, on the following date: January 24, 1996. /s/ Eddie Madden Senator, 47th District Sworn to and subscribed before me, this 20th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. COBB COUNTY TAX COMMISSIONER; ADMINISTRATIVE SPECIALIST. No. 730 (Senate Bill No. 759). 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 provide for the position of administrative specialist in the office of the tax commissioner; to provide for appointment, powers, duties, compensation, and tenure of such person; to provide 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 adding at the end of Section 3 a new subsection (c) to read as follows: (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist 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

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necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $29,500.00 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 1996 session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended; and for other purposes. This 12th day of January, 1996. Cobb County Delegation GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Lamutt, 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 19, 1996. /s/ Robert Lamutt Senator, 21st District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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BURKE COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 731 (Senate Bill No. 765). AN ACT To amend an Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4923), so as to change the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the election of the members of the board of education of Burke County, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4923), is amended by striking in its entirety Section 5A and inserting in lieu thereof the following: SECTION 5A. The chairperson of the board of education shall receive a salary of $450.00 per month payable from the funds of Burke County. Each member of the board of education other than the chairperson shall receive a salary of $400.00 per month payable from the funds of Burke County. In addition, the chairperson and each member of the board of education shall be reimbursed for actual expenses incurred in connection with the performance of their official duties as members of the board for travel within or outside Burke County. 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 regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing for the Board of Education of Burke County, approved March 27, 1985 (Ga. L.

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1985, p. 4481) as amended, so as to change the compensation and expense allowance for the members of the board; and for other purposes. This 22nd day of February, 1996. Senator, Charles W. Walker 22nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Walker, who, on oath, deposes and says that he is Senator from the 22nd 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 22, 1996. /s/ Charles W. Walker Senator, 22nd District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. MURRAY COUNTY CORONER; COMPENSATION. No. 732 (Senate Bill No. 775). AN ACT To amend an Act placing the coroner of Murray County on an annual salary, approved February 15, 1980 (Ga. L. 1980, p. 3041), as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the coroner of Murray County on an annual salary, approved February 15, 1980 (Ga. L. 1980, p. 3041), as amended, is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:

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SECTION 1. (a) The coroner of Murray County is placed on an annual salary payable in equal monthly installments from the general funds of Murray County. The coroner shall receive an annual salary of $5,000.00 payable in equal monthly installments from funds of Murray County. (b) The salary provided in subsection (a) of this section, as increased by subsection (c) of this section, shall be increased by multiplying said amount by the percentage which equals 5 percent times the number of completed four-year terms of office completed by any coroner after July 1, 1996, effective the first day of January following the completion of each such four-year period of service. Any term of office completed prior to July 1, 1996, shall be ignored for purposes of such longevity increase. (c) On and after July 1, 1996, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amount fixed in subsection (a) of this section, or the amount derived by increasing said amount through the application of longevity increases pursuant to subsection (b) of this section where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount fixed in subsection (a) of this section, or the amount derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. Where applicable, the average percentage increase or average amount increase shall be as calculated by the Office of Planning and Budget for purposes of computation of the minimum salaries prescribed in general law for county officers. The periodic changes authorized by this subsection shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. SECTION 2. This Act shall become effective on January 1, 1997. 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 1996 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Murray County on an annual salary, approved February 15, 1980 (GA L. 1980, p. 3041), as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. This 12th day of February, 1996. Sen. Stephen B. Farrow, District 54 Rep. Jerry Lifsey, District 6 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 Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times, which is the official organ of Murray County, on the following date: February 14, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. COBB COUNTY COBB COUNTY COMMISSION ON CHILDREN AND YOUTH; ABOLITION DATE. No. 733 (Senate Bill No. 777). AN ACT To amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, so as to change the date upon which the commission will be abolished; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, is

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amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. The commission shall stand abolished on July 1, 1998. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. L-134 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, so as to change the date upon which the commission will be abolished; to repeal conflicting laws; and for other purposes. Senator Steve Thompson 33rd District Cobb 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 the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: March 1, 1996. /s/ Steve Thompson Senator, 33rd District Sworn to and subscribed before me, this 4th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996.

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CITY OF FOREST PARK CORPORATE LIMITS. No. 734 (Senate Bill No. 785). AN ACT To amend an Act entitled An Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4246), 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 entitled An Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988 (Ga. L. 1988, p. 4407), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4246), is amended by inserting at the end of Section 1.11 a new subsection (d) to read as follows: (d) All those tracts or parcels of land lying in Land Lots 43, 44, and 45 of the 13th District of Clayton County, Georgia, as per Annexation Plat prepared for the City of Forest Park by Keck Wood, Inc. dated January, 1996, and titled Area IIA, being more particularly described as follows: Beginning at a point in Land Lot 45 at the intersection of the southern right-of-way limit for Interstate 285 and the eastern right-of-way limit for the CSX Railroad; thence southeasterly along the eastern right-of-way limit for the CSX Railroad 839 feet, more or less; thence south 725 feet, more or less, to a point on the northern right-of-way limit for Lake Mirror Road; thence west 3,166 feet, more or less, along the northern right-of-way limit for Lake Mirror Road; thence south 781 feet, more or less; thence west 569 feet, more or less, to the Land Lot line between Land Lots 43 and 44; thence south 143 feet, more or less; thence west 245 feet, more or less, to a point on the eastern right-of-way limit for Interstate 75; thence north along the eastern right-of-way limit for Interstate 75 and continuing east along the southern right-of-way limit for Interstate 285 for a distance of 5,981 feet, more or less, to the point of beginning. SECTION 2. Notwithstanding the annexation provided for in Section 1 of this Act, the Clayton County Water Authority shall be authorized to continue to provide service to its customers in the area. SECTION 3. This Act shall become effective on January 1, 1997.

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SECTION 4. 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 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to reincorporate the City of Forest Park in the County of Clayton, approved March 24, 1988, (Ga. L 1988, p. 4407), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4246); and for other purposes. This 5th day of March, 1996. 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: March 7, 1996. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 8th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 1, 1996. CITY OF OFFERMAN NEW CHARTER. No. 736 (House Bill No. 1905). AN ACT To provide a new charter for the City of Offerman; 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 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 other matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; 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. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Offerman, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be defined as a perfect circle of one mile radius with its center point located at the intersection of U.S. Highway 84 and the Georgia Power right of way, 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 of Offerman and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Offerman, 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

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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 Act. This city shall have all the powers of self-government not otherwise prohibited by this Act 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 Act; (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 Act 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

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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 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;

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(16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this Act 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, 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 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 Act and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency;

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(25) Public hazards; removal. To provide for the destruction and removal of any public 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 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 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

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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 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 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, when approved by a two-thirds' majority vote of the electors voting in a special election thereon, 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, when approved by a two-thirds' majority vote of the electors voting in a special election thereon;

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(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 Act as fully and completely as if such powers were fully stated in this Act; 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 Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting 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 Act. 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 Act, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this Act. SECTION 2.11. City councilmembers; 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

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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 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 removal from office in any manner authorized by this Act 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 Act. (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 Act. SECTION 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and approved by two-thirds of the electors voting in a referendum on the issue. 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

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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 Act, the city council shall be vested with all the powers of government of this city as provided by Article I of this Act. SECTION 2.17. Organizational meetings. The city council shall hold an organizational meeting on February 1, 1997. 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 2.18. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (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 2.19. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this Act and shall provide for keeping of a journal of its proceedings, which shall be a public record.

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(b) All committees and committee chairpersons and officers of the city council shall be appointed both by the mayor and councilmembers and shall serve at the pleasure of the mayor and councilmembers. The mayor and councilmembers shall have the power to appoint new members to any committee at any time. SECTION 2.20. Quorum; voting. (a) 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 Act, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers 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 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 Offerman 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 2.23 of this Act. 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 2.22. 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 2.23. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance 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 four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2.24. 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 Act 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 2.25 of this Act. (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 2.25. 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 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 Offerman, 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 Act 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 2.26. Election of mayor; forfeiture; compensation. The mayor shall be elected and shall serve for a term of two 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 no less than one year. 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. SECTION 2.27. 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 2.28. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council;

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(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 advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this Act, 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 Act 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 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 ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director

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involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four councilmembers. SECTION 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the 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 Act or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this Act 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 Act for original appointment, except as otherwise provided by this Act 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 four members of the city council. (h) Except as otherwise provided by this Act 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 Act, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of

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such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of the city attorney by virtue of such 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 custodian of the official city seal; maintain city council's records required by this Act; and perform such other duties as may be required by the city council. SECTION 3.14. City treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this Act and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. SECTION 3.15. City accountant. The city council shall appoint a city accountant to perform the duties of an accountant. SECTION 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees. The city clerk, city treasurer, and city accountant shall receive such compensation as provided by the authority which appoints them to their respective offices.

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SECTION 3.17. Personnel policies. The city council shall adopt rules and regulations consistent with this Act 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 Offerman. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years. 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 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 the judge's ability and without fear, favor,

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or partiality. The oath shall be entered in the minutes of the city council journal. 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 Act, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for ten 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 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

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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 and executed by any officer as authorized by this Act 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 Pierce 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 admiistration 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. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended.

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SECTION 5.11. Election of the city council and mayor. (a) There shall be a municipal general election annually on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this Act pursuant to Section 7.11. 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 for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this Act, 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.

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SECTION 5.16. Removal of officers. A councilmember, the mayor, or other appointed officers provided for in this Act 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 Act or by law; (4) Knowingly violating any express prohibition of this Act; (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 Act or by state law. ARTICLE VI FINANCE SECTION 6.10. Property tax. When approved by a two-thirds' majority vote of the electors voting in a special election thereon, 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 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

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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, ro 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 6.17 of this Act. 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 6.17 of this Act. 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 6.17 of this Act.

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SECTION 6.16. 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; provided, however, that before any taxes may be levied, such tax must be approved by two-thirds of the electros voting in a referendum thereon. SECTION 6.17. 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 6.16 of this Act 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 6.18. 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 Act 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 6.19. 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 6.20. 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 6.21. 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

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reporting of each and every office, department, agency, and activity of the city government. SECTION 6.22. 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 6.23. Operating budget. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as 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 6.24. 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 Act 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 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.22 of this Act.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.25. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary and approved by two-thirds of the electors voting in a referendum thereon. 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 6.26. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.27. Capital improvements. (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with 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 this Act. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 15 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.

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Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.28. 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 Act. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.29. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. SECTION 6.30. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.31. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon 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

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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. First election under this Act. The first municipal election shall be on the Tuesday following the first Monday in November, 1996, at which the mayor's and all councilmembers' positions shall be filled. The city council seats shall be designated Posts One, Two, Three, Four, Five, and Six. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts One, Three, and Five shall be filled at this first election for an initial term of one year and until respective successors are elected and qualified such that a continuing body is created. Each councilmember elected thereafter shall serve a full term as provided in this Act. SECTION 7.12. This Act shall be come effective on July 1, 1996, only if either 1996 House Bill 1556 or 1996 Senate Bill 569 becomes law, and if neither such bill becomes law this Act shall be automatically repealed on such date. SECTION 7.13. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide a new charter for the City of Offerman; to provide for incorporation, boundaries and powers of the City; to provide for a governing authority and matters relative to the membership; to provide for a mayor and for matters relative to such office; to provide for municipal officers; to provide for a municipal court; to

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provide for taxation; to provide for matters relative to the foregoing; and for other purposes. This 15th day of February, 1996. 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 Pierce County Press, which is the official organ of Pierce County, on the following date: February 15, 1996. /s/ Tommy Smith Representative, 169th District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 2, 1996. HALL COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 745 (House Bill No. 1693). AN ACT To provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of an Act approved March 16, 1986 (Ga. L. 1986, p. 3811), relating to a homestead exemption for such school district; 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

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the Hall 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 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 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 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 Hall County School District who is a senior citizen is granted an exemption on that person's homestead from all Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 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 $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 Hall County giving the person's age, and the amount of 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 Hall 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

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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 Hall 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, 1996, has applied for and is eligible for the homestead exemption from Hall County School District ad valorem taxes for educational purposes pursuant to an Act approved March 18, 1986 (Ga. L. 1986, p. 3811), 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 Hall 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 Hall 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, 1997. SECTION 7. If this Act is approved in the referendum provided for in Section 8 of this Act, an Act approved March 18, 1986 (Ga. L. 1986, p. 3811), providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes is repealed effective at the last moment of December 31, 1996. SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Hall County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Hall 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 issued 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 Hall 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 Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and who have annual incomes not exceeding $12,000.00 and which repeals the current local law provisions? 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 7 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 7 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 Hall 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 1996 session of the General Assembly of Georgia a bill to provide a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $16,000.00 of the assessed value of the homestead 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; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of an Act approved March 16, 1986 (Ga. L. 1986, p. 3811), relating to a homestead exemption for such school district; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for ther purposes. This 10 day of January, 1996. Representative James W. Mills, 21st District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Mills, who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times, which is the official organ of Hall County, on the following date: January 12, 1996. /s/ James W. Mills Representative, 21st District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 2, 1996. MACON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 756 (House Bill No. 1528). AN ACT To amend an Act creating a board of commissioners for Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 4048), so as to change the compensation of the chairperson and members of such 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 Macon County, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 4048), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. The chairperson of the board of commissioners of Macon County shall receive an annual salary of $7,200.00, payable in equal monthly installments from county funds. Each of the other members of such board shall

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receive an annual salary of $6,000.00 payable in equal monthly installments from county funds. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the General Assembly of this State at the 1996 Session thereof, convening on January 8, 1996, a local bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Macon County, approved August 28, 1872 (Ga. L. 1872, p. 434), as amended, by an Act (Ga. L. 1912, p. 419), also amended (Ga. L. 1937, p. 1368), also amended (Ga. L. 1961, p. 3449), also amended (Ga. L. 1974, p. 3372), also amended (Ga. L. 1983, p. 4048) so as to increase the compensation for County Commissioners. This Notice to apply for local legislation is given pursuant to requirements of law. This 16th day of January, 1996. JON L. COOGI S. Attorney Macon County Board of Commissioner 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 the Citizen Georgian, which is the official organ of Macon County, on the following date: January 24, 1996. /s/ Lynmore James Representative, 140th District Sworn to and subscribed before me, this 26th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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WALTON COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; CONTRACTS. No. 757 (House Bill No. 1565). AN ACT To amend an Act entitled An Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p.4357), so as to increase the dollar value of contracts into which the chairperson may enter without approval; 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 a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p.4357), is amended by striking in its entirety subsection (c) of Section 14 and inserting in lieu thereof the following: (c) The chairperson shall give his or her whole time and attention to the business of said county. All powers to purchase and contract shall vest in the full five-member board on matters over $5,000.00. All contracts over $5,000.00 shall be approved and signed by a majority vote of said board before they are entered into. All purchases under $5,000.00 may be made by the chairperson at his or her discretion. The chairperson may purchase items costing less than $5,000.00 without the necessity of securing competitive bids. Except as provided above, the full board is vested with complete authority and control over all county matters. SECTION 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 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4357); and for other purposes. This 16th day of January, 1996. Representative Len Walker 87th District
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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: January 24, 1996. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 25th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF BUFORD CORPORATE LIMITS. No. 758 (House Bill No. 1872). AN ACT To amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5386), an Act approved April 4, 1991 (Ga. L. 1991, p. 4315), and an Act approved May 4, 1992 (Ga. L. 1992, p. 6888), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Buford approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5386), an Act approved April 4, 1991 (Ga. L. 1991, p. 4315), and an Act approved May 4, 1992 (Ga. L. 1992, p. 6888), is amended by adding at the end of Section 2 the following: Any other provisions of this section to the contrary nothwithstanding, the following described properties are included within the boundaries of the City of Buford: TRACT NUMBER ONE: All that tract or parcel of land lying and being in Land Lot 329 of the 7th Land District of Hall County, Georgia, being more particularly described as follows:

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BEGINNING at an iron pin stake located on the Southeastern corner of Lot No. 5 of the Claude C. Camp subdivision according to a plat and survey prepared by C. M. Higginbotham on March 17, 1959, from said beginning corner commencing and running thence South 59 degrees 43 minutes West a distance of 106.4 feet to an iron pin stake at the corner of Lots 5, 6 and 14 of said plat and survey; thence running South 30 degrees 45 minutes East along the line of Lot No. 14 a distance of 100 feet to a point; thence running in a North-easterly direction a distance of 82 feet 6 inches to a point; thence running in a Northwesterly direction a distance of 100 feet to the point of beginning. TRACT NUMBER TWO: All that tract or parcel of land lying and being in Land Lots 333 326 of the 7th District of Gwinnett County, Georgia, containing 5.078 acres according to plat of survey by McNally, Patrick Cole, Inc., dated June 6, 1978, reference to which is made and incorporated herein as a part of this description, and being more particularly described as follow: BEGINNING at an iron pin stake on the Southwest right of way of Buford Dam Road (said point of beginning being 778.96 feet along the center line of Buford Dam Road to the center line of Cole Road); thence South 14 degrees 33' East a distance of 422.9 feet along property of E. L. Pass to an iron pin stake; thence South 50 degrees 29' West a distance of 855.0 feet along property of Phillip Beard to a Marked Tree; thence North 32 degrees 08' West a distance of 60.4 feet to a point on the traverse line; thence along said traverse line North 61 degrees 10' East a distance of 97.0 feet to a point; thence North 8 degrees 20' East a distance of 200.0 feet to a point; thence North 34 degrees 30' East a distance of 450.0 feet to a point; thence North 16 degrees 34' East a distance of 294.4 feet to an iron pin stake on the southerly right of way of Buford Dam Road; thence along said right of way North 88 degrees 00' East a distance of 132.7 feet to an iron pin stake and the point of beginning. TRACT NUMBER THREE: All that tract or parcel of land lying and being in Land Lot 334 of the 7th Land District, Gwinnett County, Georgia, as shown and delineated on plat of survey for Phillip T. Howell by William C. Ellis dated December 16, 1993, and being more particularly described as follows: BEGINNING at an iron pin at a point on the western right of way of Little Mill Road (80 foot right of way), said point being at the intersection of said right of way and the original line dividing Land Lots 325 334; thence running South 59 degrees 15' 00 West along said land lot line, a distance of 275.8 feet, to an iron pin; thence running North 16 degrees 11' 00 West, a distance of 150.0 feet, to an iron pin; thence running North 61 degrees 49' 00 East, a

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distance of 310.9 feet, to an iron pin on the western right of way of Little Mill Road; thence running South 01 degrees 49' 00 East along said right of way, a distance of 150.0 feet, to an iron pin, the place or point of beginning. TRACT FOUR: All that tract or parcel of land lying and being in Land Lot 226 of the 7th Land District of Gwinnett County, Georgia being a part of property of William F. Hamilton as shown on Plat of same by H. L. Dunahoo, Surveyor, dated June 2, 1960, recorded in Plat Book H, Page 233, Gwinnett County Records, and being more fully and particularly described as follows: BEGINNING at an iron at the southeast corner of South Bogan Road and Hamilton Mill Road being the point where the easterly right of way line of South Bogan Road (80' R/W) intersects the southerly right of way line of Hamilton Mill Road (80' R/W); thence along the southerly right of way of Hamilton Mill Road and following the curvature thereof through the following five (5) calls; S 50 degrees 20' 56 E 40.00 feet to an iron pin S 51 degrees 23' 32 E 114.09 feet to a point; S 51 degrees 56' 47 E 81.14 feet to a point; S 52 degrees 32' 49 E 66.64 feet to a point; S 55 degrees 12' 43 E 62.58 feet to a point; S 56 degrees 34' 23 E 24.62 feet to a point; thence along the line now or formerly of Allen D. Fowler S 30 degrees 07' 54 W 142.41 feet to an iron pin; thence continuing along the line now or formerly of Fowler S 44 degrees 46' 00 E 52.47 feet to an iron pin; thence along the line of Lot 2, Block B, Unit One, of Magnolia Estates Subdivision S 57 degrees 13' 31 W 202.81 feet to an iron pin; thence along the line of Lot 1 of said subdivision N 32 degrees 08' 00 W 226.87 feet to an iron pin located on the eastern right of way of South Bogan Road; thence along said right of way and following the curvatures thereof the following seven (7) calls; N 10 degrees 02' 35 E 51.57 feet; N 07 degrees 14' 44 E 51.69 feet to a point; N 05 degrees 12' 42 E 46.97 feet to a point; N 02 degrees 39' 33 E 42.06 feet to a point; N 00 degrees 15' 01 W 48.84 feet to a point; N 02 degrees 31' 53 W 35.06 feet to an iron pin; N 04 degrees 11' 01 W 40.00 feet to the POINT OF BEGINNING. The above tract is described as 2.092 acres according to a Survey for James T. White prepared by Paul E. Borders, Registered Georgia Land Surveyor, and dated January 5, 1993. TRACT NUMBER FIVE: All that tract or parcel of land lying and being in the 7th Land District, Gwinnett County, Georgia, Land Lot 261 and being part of Lot 4 of the subdivision of the A. J. Crane Estate as shown by a plat made by S. C. Moon, May, 1934, and recorded in Plat Book `B' Page 227 as more

Page 3987

particularly shown by a plat of survey drawn by American Land Surveyors dated September 24, 1991, and recorded in Plat Book 55, Page 152B, Gwinnett County Records, being more particularly described as follows: BEGINNING at a point on the edge of the 80 foot right-of-way of Hamilton Mill Road at the property now or formerly of George W. Adams; running thence North 16 degrees 47' 10 West a distance of 258.84 feet to an iron pin; running thence North 55 degrees 56' 19 East a distance of 113.50 feet to an iron pin; running thence South 14 degrees 36' 35 East a distance of 272.95 feet to an iron pin; running thence along the 80 foot right-of-way of Hamilton Mill Road on an arc distance of 100 feet, having a radius of 2,277.39 feet and a chord distance of 99.99 feet South 61 degrees 47' 50 West to an iron pin and the point of beginning. Said tract or parcel of land is denominated as Lot 4 as set forth In the S. C. Moon plat and contains 27,254 square feet. TRACT NUMBER SIX: All that tract or parcel of land lying and being in Land Lot 334 of the 7th Land District, Gwinnett County, Georgia, as shown and delineated as Tract 2, being 1.75 acres, more or less, on plat of survey for Clarence Busby, Sr., Arlis L. Roberts Nelia F. Jeffords by W. T. Dunahoo and Associates, Inc. dated December 14, 1987, which plat is recorded in Gwinnett County Plat Records at Plat Book 59, Page 127, and is incorporated herein by reference for a more complete description. TRACT NUMBER SEVEN: ALL THAT TRACT OR PARCEL of land lying and being in Land Lot 258 of the 7th district of Gwinnett County, Georgia and being more particularly described as follows: BEGIN at a point marked by an iron pin on the southwesterly right of way of Davis Road which point is 740.47 feet southeasterly as measured along said right of way from its intersection with the southeast right of way of Buford Highway; run thence South 29 degrees 44' 30 West 200.0 feet to a point marked by an iron pin; runt thence South 60 degrees 15' 30 East 100.0 feet to a point marked by an iron pin; run thence North 29 degrees 44' 30 East 200.0 feet to a point marked by a nail in a tree root on the Southwesterly right of way of Davis Road; run thence North 60 degrees 15' 30 West 100.0 feet to a point marked by an iron pin and the TRUE POINT OF BEGINNING HEREOF. TRACT NUMBER EIGHT: All that tract or parcel of land lying and being in Land Lot 299 of the 7th Land District, Hall County, Georgia, as shown and delineated as

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Tract II, being 11.421 acres, more or less, on plat of survey for Kenneth D. and Gloria W. Waycaster by Rochester Associates, Inc. dated July 11, 1988, and being more particularly described as follows: BEGINNING at an iron pin at a point on the western right of way of Thunder Road (80 foot right of way), said point being 2,214.53 feet South, as measured along said right of way, from the intersection of said right of way and the southern right of way of State Route #347 (Holiday Road) (80 foot right of way); thence running North 88 degrees 41' 50 West, a distance of 128.98 feet, to an iron pin; thence running South 04 degrees 36' 46 West, a distance of 100.00 feet, to an iron pin; thence running South 71 degrees 07' 05 West, a distance of 459.59 feet, to an iron pin; thence running North 28 degrees 57' 52 West, a distance of 924.03 feet, to an iron pin at the centerline of a creek; thence running easterly along the centerline of the creek, and following the meandering thereof, a distance of 503.99 feet, to an iron pin; thence running South 42 degrees 30' 26 East, a distance of 825.46 feet, to an iron pin on the western right of way of Thunder Road; thence running South 18 degrees 13' 46 West along said right of way, an arc distance of 48.01 feet, to an iron pin, the place or point of beginning. TRACT NUMBER NINE: ALL THAT TRACT or parcel of land lying and being in Land Lot 299, 7th District, Hall County, Georgia, containing 5.11 acres as shown on a plat of survey for Helbear, Ltd. by W. T. Dunahoo Associates, Registered Land Surveyors, dated June 10, 1994, recorded on Plat Slide Number 354, Page 140A, Hall County Plat Records, which plat is hereby referred to, incorporated herein, and made a part hereof. TRACT NUMBER TEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 299 of the 7th District, 1st Section, Hall County, Georgia, containing 9.54 acres as shown on a plat of survey for Cecil Breedlove by W. T. Dunahoo Associates, Registered Land Surveyors, dated November 29, 1994, recorded in Plat Slide 416, Page 244A, Hall County Plat Records, and being more particularly described as follows: BEGINNING at an iron pin on the Northwestern right of way of Thunder Road said point being 1,549.47 feet southwesterly from the intersection of the center line of Holiday Road and the right of way of Thunder Road as measured along the right of way of Thunder Road where the property herein describes joins the property of David Forrester; thence proceeding the property of Forrester North 30 degrees 32' 33 West a distance of 171.05 feet to an iron pin; thence North 37 degrees 04' 29 East a distance of 57.2 feet to an iron pin; thence North 38 degrees 20' 09 East along the property of Waycaster 170.75 feet to an iron pin; thence proceeding North 28

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degrees 54' 50 West a distance of 732.43 feet along the property know or formerly owned by Whidby to an iron pin; thence along the property know or formerly owned by Beard and Tuggle the following the meanderings of a stream which is your property line having the following courses and distances; South 66 degrees 32' 56 West a distance of 51.8 feet to a point; South 47 degrees 02' 04 West a distance of 101.44 feet to a point; South 50 degrees 19' 18 West a distance of 78.16 feet to a Point; South 51 degrees 40' 00 West a distance of 76.17 feet to a point; South 46 degrees 57' 30 West a distance of 67.15 feet to a point; South 45 degrees 47' 44 West a distance of 45.19 feet to a point; South 43 degrees 49' 33 West a distance of 69.1 feet to a point; thence proceeding South 25 degrees 20' 45 East a distance of 751.25 feet to an iron pin and the property now or formerly owned by Stafford; thence proceeding North 68 degrees 14' 45 East a distance of 149.81 feet to an iron pin; thence South 25 degrees 19' 55 East a distance of 129.30 feet to an iron pin and the Northwestern right of way of Thunder Road; thence proceeding along the Northwestern right of way of Thunder Road the following courses and distances: North 66 degrees 59' 25 East a distance of 63.22 feet to a point; North 62 degrees 34' 42 East a distance of 52.07 feet to a point; North 53 degrees 38' 32 East a distance of 63.52 feet to a point; YOUR TRUE PLACE OR POINT OF BEGINNING. TRACT NUMBER ELEVEN: All that tract or parcel of land lying and being in the 7th Land District of Gwinnett County and being a part of Land Lot No. 258 and being more fully described as follows: BEGINNING at the intersection of a branch or gulley with a public road and running South 59 1/2 degrees East 233 feet along said public road to a stake corner; thence South 30 1/2 degrees West 200 feet to a stake corner; thence North 59 1/2 degrees West 176 feet to a stake corner at said branch or gulley; thence North 14 1/2 degrees East up said branch 206 feet to beginning corner. TRACT NUMBER TWELVE: All that tract or parcel of land, together with all improvements thereon, lying and being in Land Lot 352 of the 7th District, Gwinnett County, Georgia, containing 5.0 acres, as shown on plat of survey for Jeff Marshall-Janet Marshall, dated April 18, 1979, by Farley-Collins Associates, Registered Land Surveyors, which plat is hereby referred to and made a part of this description, and being more particularly described as follows: BEGINNING at an iron pin on the southwestern right of way of Buford Dam Road, said point being 1, 700.6 feet northwesterly from the intersection of the southwestern right of way of Buford Dam

Page 3990

Road and the centerline of Jimmy Dodd Road as measured along the southwestern right of way of Buford Dam Road; thence proceeding South 11 degrees 28' 45 West a distance of 21.32 feet to a point; thence South 21 degrees 42' 42 East a distance of 393.80 feet to an iron pin and the land lot line common to Land Lots 352 and 334; thence proceeding along said Lane Lot line South 62 degrees 21' 45 West a distance of 451.29 feet to an iron pin thence North 67 degrees 7' 23 West a distance of 194 feet to an iron pin; thence north 22 degrees 48' 54 East a distance of 649.65 feet to an iron pin on the southwestern right of way of Buford Dam Road; thence proceeding along the southwestern right of way of Buford Dam Road South 67 degrees 7' 23 East a distance of 201.07 feet to an iron pin, the place of point of beginning. TRACT NUMBER THIRTEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 142 of the 7th Land District of Gwinnett County, Georgia containing 1.023 acres and being more particularly described according to a plat of survey for Jerry Brown dated December 4, 1980, prepared by S. R. Field, Gwinnett County Surveyor, Reg. No. 739 and more particularly described as follows: Commence at the intersection of the southeasterly right of way line of Ivy Church Road (60 foot right of way) and the northeasterly right of way line of Gravel Springs Road (80 foot right of way) and run thence along the right of way line of Ivy Church Road North 54 degrees 07' 54 East a distance of 79.23 feet to a point; continuing along said right of way line north 57 degrees 10' 51 East a distance of 225.00 feet to an iron pin found; thence leaving said right of way run South 16 degrees 16' 08 East a distance of 268.68 feet to an iron pin found on the northwest right of way of Gravel Springs Road; run thence northwesterly along the radius of a 659.45 foot curve an arc distance of 344.45 feet (said call being subtended by a chord bearing and distance of North 74 degrees 45' 15 West a distance of 340.55 feet) to the POINT OF BEGINNING. TRACT NUMBER FOURTEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 143 of the 7th District of Gwinnett County, Georgia containing 1.227 acres and being more particularly described according to a plat of survey for W. R. Alexander dated December 4, 1980, prepared by S. R. Fields, Gwinnett County Surveyor, Reg. No. 739 and more particularly described as follows: To find the TRUE POINT OF BEGINNING; Begin at the intersection of the center line of Brown Road (30 foot easement) with the Southerly right of way of GA 324 and run thence southwesterly along the center of Brown Road (30 foot easement) a distance of

Page 3991

196.50 feet to the TRUE POINT OF BEGINNING and from said true point of beginning; run thence southwesterly along said center line South 05 degrees 55' 51 west a distance of 41.82 feet to a point; continue thence along center line South 19 degrees 46' 36 west a distance of 257.95 feet to a point; leaving said right of way run thence run North 83 degrees 02' 32 west a distance of 175.95 feet to an iron pin found; thence run North 12 degrees 31' 45 west a distance of 259.88 feet to an iron pin found; thence run north 87 degrees 27' 15 east a distance of 210.08 feet to the POINT OF BEGINNING. TRACT NUMBER FIFTEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 143 of the 7th District of Gwinnett County, Georgia and being more particularly described as follows: TO FIND THE TRUE point of beginning, begin at the intersection of the centerline of Morgan Road with the northwest right-of-way line of Brown Road (60 foot right-of-way), run thence North 08 degrees 24' 15 East, along the northwesterly right-of-way of Brown Road a distance of 530.67 feet to an iron pin set and the TRUE POINT OF BEGINNING; from said true point of beginning run thence north 74 degrees 04' 00 West a distance of 758.50 feet to an iron pin set; run thence north 23 degrees 07' 02 East a distance of 300.00 feet to an iron pin set; run thence South 72 degrees 03' 48 East a distance of 615.67 feet to an iron pin found; run thence South 82 degrees 36' 09 East a distance of 144.81 feet to an iron pin found on the northwesterly right-of-way of Brown Road; run thence south 21 degrees 43' 21 West along the northwesterly right-of-way of Brown Road a distance of 105.17 feet to a point; run thence South 24 degrees 39' 56 West along the northwesterly right-of-way of Brown Road a distance of 150.44 feet to a point; run thence South 21 degrees 10' 36 West along the northwesterly right-of-way of Brown Road a distance of 44.47 feet to an iron pin set and the TRUE POINT OF BEGINNING. Said parcel containing 5.00 acres of land as shown on plat of survey prepared for Tommy Hughes by W. T. Dunahoo, R.L.S. No. 1577, of W. T. Dunahoo and Associates, Inc., dated February 15, 1994. TRACT NUMBER SIXTEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 142 and 143 of the 7th District of Gwinnett County, Georgia and being more particularly described according to a plat of survey for Jerry Brown dated April 8, 1995, prepared by Jeff H. Griffin, Georgia Registered Land Surveyor No. 2503 and more particularly described as follows:

Page 3992

Begin at a rock found at the Land Lot corners common to Land Lots 136, 137, 142 and 143; run thence along the Land Lot line common to Land Lots 136 and 143 South 59 degrees 11' 13 west a distance of 1040.13 feet to 1/2 inch rebar found in the centerline of Morgan Road (abandoned); continue thence the following courses and distance along the abandoned center line of Morgan Road and the centerline of Brown Road to wit: North 12 degrees 56' 12 west a distance of 309.41 feet to a point; thence North 16 degrees 59' 00 west a distance of 64.16 feet to a point; thence North 19 degrees 13' 30 west a distance of 72.21 feet to a point; thence North 19 degrees 04' 18 west a distance of 116.33 feet to a point where said right of way of Morgan Road changes to Brown Road (30 foot easement); continue thence along the center line of Brown Road North 13 degrees 22' 02 East a distance of 64.33 feet to a point; run thence North 08 degrees 41' 53 East a distance of 154.77 feet to a point; run thence North 04 degrees 00' 46 East a distance of 30.67 feet to a point; continue thence North 09 degrees 24' 06 East a distance of 86.87 feet to a point; run thence North 14 degrees 5' 23 East a distance of 88.80 feet to a point; run thence North 19 degrees 49' 29 East a distance of 74.36 feet to a point; run thence North 20 degrees 01' 44 East a distance of 287.20 feet to a point; run thence North 06 degrees 10' 59 East a distance of 41.82 feet to a point; run thence North 06 degrees 10' 59 East a distance of 196.50 feet to a point on the southwesterly Right of Way of Gravel Springs Road (80 foot right of way); continue thence southeasterly along the arc of a curve having a radius of 739.45 feet an arc distance of 187.32 feet to a point, (said call being subtended by a chord bearing and distance of South 74 degrees 02' 48 East a chord distance of 186.82 feet); continue thence southeasterly along said southwesterly right of way line and following the curvature thereof along the arc of a curve having a radius of 739.45 an arc distance of 134.34 feet to a point, (said call being subtended by a chord bearing and distance of South 86 degrees 30' 30 East a chord distance of 134.16 feet); continue thence northeasterly along said southeasterly right of way of Gravel Springs Road North 87 degrees 23' 46 east a distance of 250.36 feet to a 1/2 inch rebar found; leaving said right of way run thence South 12 degrees 57' 33 west a distance of 733.30 feet to an open top pipe found; run thence South 30 degrees 04' 00 East along the Land Lot Line common to Land Lots 142 and 143 a Distance of 595.48 feet to the Land Lot Corner common to Land Lots 136, 137, 142 and 143 and the Point of Beginning. TRACT NUMBER SEVENTEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 333 of the 7th District of Gwinnett County, Georgia, being 6.00 acres and more particularly described as follows:

Page 3993

BEGINNING at an iron pin set at the intersection of the northerly side of the right of way of Buford Dam Road (80 foot R/W) with the westerly side of the right of way of Lake Lanier Heights Road (80 foot R/W), said point also being the southeast corner of Tract 2 of property shown on plat of survey for Myrtle Lee C. Mabry recorded in Plat Book 64, page 145, Gwinnett County Records; run thence South 82 degrees 45' 25 West, along the northerly right of way of Buford Dam Road, a distance of 230.20 feet to a point; continue thence along said right of way South 85 degrees 26' 27 West, a distance of 184.20 feet to an iron pin found at the southwest corner of said Tract 2; run thence North 00 degrees 49' 10 West along the property now or formerly of Scott Sprague, a distance of 451.95 feet to an iron pin found; run thence North 00 degrees 15' 57 West along the property now or formerly of Crawford Puckett, a distance of 959.81 feet to an iron pin found; run thence North 71 degrees 31' 55 East, a distance of 35.49 feet to an iron pin found on the southwesterly right of way of Lake Lanier Heights Road; run thence along the southwesterly and westerly side of the right of way of Lake Lanier Heights Road the following courses and distances: South 23 degrees 46' 00 East 7.18 feet; South 25 degrees 06' 25 East 128.14 feet; South 08 degrees 53' 25 East 122.33 feet; South 02 degrees 41' 21 East 93.85 feet; South 01 degrees 57' 04 East 72.17 feet; South 04 degrees 23' 35 East 112.26 feet; South 13 degrees 24' 36 East 520.78 feet; South 16 degrees 53' 38 East 52.19 feet; South 23 degrees 27' 46 East 91.36 feet; South 30 degrees 42' 32 East 1135.22 feet; South 31 degrees 05' 02 East 118.43 feet to the iron pin set at the Point of BEGINNING and shown on plat of survey by Ringo Sadler dated February 9, 1995. TRACT NUMBER EIGHTEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 186 of the 7th District of Gwinnett County, Georgia and being more particularly described as follows: Begin at a point on the southeasterly right-of-way of Bogan Road; said point being located a distance of 477.78 feet as measured in a northeasterly direction along the southeasterly right-of-way of Bogan Road from its intersection with the northeasterly right of way of GA Highway 20 (100 foot R/W) as shown on Plat of Survey for Brentwood Hills Subdivision, said plat recorded at Plat book 54, Page 183, Gwinnett County Deed Records; thence South 65 degrees 31' 45 East a distance of 1166.30 feet to a point as shown on the aforesaid mentioned plat; run thence South 62 degrees 10 minutes West along the property line as shown at Deed Book 5762, Page 340, aforesaid records, a distance of 264.00 feet to an iron pin set as shown on legal description for Leroy Dailey recorded at 5762, Page

Page 3994

340, Gwinnett County Deed records; run thence South 62 degrees 10 minutes West a distance of 252.00 feet to a rock found as shown on said Dailey legal description; run thence north 37 degrees 49 minutes West a distance of 160.53 feet to an iron pin found as shown on legal description for Harvie J. Ewing, Jr., as recorded in Deed Book 3310, Page 106, aforesaid records; run thence north 37 degrees 39 minutes West a distance of 148.97 feet to an iron pin found as shown on Ewing legal; run thence north 69 degrees 8 minutes West a distance of 420.0 feet to the southeast right of way of Bogan Road (80 foot R/W); run thence in a northeasterly direction along the southeasterly right of way of Bogan Road to the point of beginning. TRACT NUMBER NINETEEN: ALL THAT TRACT or parcel of land lying and being in Land Lot 299 of the 7th District, 1st Section of Hall County, Georgia containing 1.587 acres and being more particularly described according to a plat of survey for Elizabeth Forrester dated December 1, 1995, prepared by W. T. Dunahoo and Associates, Inc. and more particularly described as follows: To find the TRUE POINT OF BEGINNING; begin at the intersection of the center line of Thunder Road (80 foot right-of-way) with the center line of Holiday Road and run thence southwesterly along said center line a distance of 2122.00 feet to a point; run thence North 31 degrees 20' 24 West a distance of 39.88 feet to an iron pin found (#4 rebar) on the northwestern right-of-way of thunder Road and the TRUE POINT OF BEGINNING and from said true point of beginning; run thence North 42 degrees 30' 26 West a distance of 131.14 feet to an iron pin set; run thence North 61 degrees 18' 47 East a distance of 217.58 feet to an iron pin found (rod with nut); run thence South 25 degrees 20 minutes 45 seconds East a distance of 131.14 feet to iron pin set on the northwesterly right-of-way of Thunder Road; thence run southwesterly along the northwesterly right-of-way of Thunder Road along the arc of a curve having a radius of 916.74 feet an arc distance of 178.97 feet (said call having a chord bearing and distance of South 62 degrees 27' 48 seconds West a chord distance of 178.65 feet) to the TRUE POINT OF BEGINNING. SECTION 2. Said Act is further amended by adding at the end of Section 2 the following: Further, that any other provision of this section to the contrary notwithstanding, the following described properties are deannexed and excluded from the corporate limits of the City of Buford:

Page 3995

TRACT NUMBER ONE: All that tract or parcel of land containing 8.258 acres lying and being in Land Lot 160 and 168 of the 8th Land District, Hall County, Georgia, and being more particularly described as follows: To find the true point of beginning, commence at the center line intersection of McEver Road and Blackberry Lane; THENCE along the centerline of Blackberry Lane in a northwesterly direction for a distance of 2217 feet to a point; THENCE South 59 degrees 00 minutes 13 seconds West for a distance of 20.00 feet to a 5/8 rebar found on the westerly right-of-way line of Blackberry Lane (with a 40 foot right-of-way), said point being the TRUE POINT OF BEGINNING. THENCE South 59 degrees 00 minutes 13 seconds West for a distance of 900.20 feet to a 1/2 rebar found; THENCE South 25 degrees 16 minutes 41 seconds East for a distance of 250.56 feet to a 5/8 rebar found; THENCE South 61 degrees 45 minutes 12 seconds West for a distance of 521.67 feet to a 1 angle iron found; THENCE South 59 degrees 52 minutes 35 seconds West for a distance of 200.13 feet to a 1 angle iron found; THENCE North 31 degrees 06 minutes 31 seconds West for a distance of 350.29 feet to a 5/8 rebar found; THENCE North 60 degrees 00 minutes 46 seconds East for a distance of 1645.85 feet to 1 5/8 rebar found on the westerly right-of-way line of Blackberry Lane; THENCE South 31 degrees 48 minutes 55 seconds East for a distance of 100.08 feet along the westerly right-of-way line to a 5/8 rebar found, said point being the TRUE POINT OF BEGINNING. TRACT NUMBER TWO: All that tract or parcel of land lying and being in Land Lot 352 of the 7th Land District, Gwinnett County, Georgia, being Lots 2 and 3, Block `D', Unit I of Lake Forest Subdivision as shown on plat of survey recorded in Plat Book `G', Page 126, Gwinnett County Records, and more particularly described as follows: BEGINNING at an iron pin on the northerly right of way line of Poplar Lane located 109.9 feet northwesterly as measured along said right of way line from its intersection with the westerly right of way line of Willow Road; run thence northwesterly along the northerly right of way line of Poplar Lane 155 feet to an iron pin; run thence northerly 204.2 feet to an iron pin; run thence southeasterly 260 feet to an iron pin; run thence in a general southerly direction 134.5 feet to an iron pin on the northerly right of way line of Poplar Lane and the place or point of beginning. ALSO, all that tract or parcel of land lying and being in Land Lot 352 of the 7th Land District, Gwinnett County, Georgia, being that ten (10) foot strip reserved by subdivision as shown on plat of survey for

Page 3996

Thomas W. and Myrtle M. Dixon dated July 6, 1977, prepared by S. R. Fields, Gwinnett County Surveyor, which is incorporated herein by reference. TRACT NUMBER THREE: ALL THAT TRACT or parcel of land lying and being in Land Lot 352 of the 7th Land District of Gwinnett County, Georgia as per plat of survey prepared by Higginbotham and James, Surveyors, August 8, 1962, being Lot 13, Block `B' of Lake Forest Subdivision, and being more particularly described according to said plat of survey, said original plat having been prepared by Ernest Boggus, June 1950, and all restrictive covenants situated in plat book G, page 126 of the Gwinnett County Records, which plat is incorporated herein by reference for a more complete description of the property herein conveyed. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. Section 28-1-14, notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia local legislation to amend an Act creating a new Charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended particularly by an Act approved March 26, 1986 (Ga. L. 1986, p. 5386), an Act approved April 4, 1991 (Ga. L. 1991, p. 4315), and an Act approved May 4, 1992 (Ga. L. 1992, p. 6888), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. Section 28-1-14.1 a copy of the proposed local bill is being provided to the governing authorities of Gwinnett County and Hall County at the time this notice is being published. This 19th day of February, 1996. CHANDLER AND BRITT CITY ATTORNEYS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith R. Breedlove, who, on oath, deposes and says that he is Representative from the 85th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the following date: February 23, 1996. /s/ Keith R. Breedlove Representative, 85th District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. Section 28-1-14, notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia local legislation to amend an Act creating a new Charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5386), an Act approved April 4, 1991 (Ga. L. 1991, p. 4315), and an Act approved May 4, 1992 (Ga. L. 1992, p. 6888), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. In accordance with O.C.G.A. Section 28-1-14.1 a copy of the proposed local bill is being provided to the governing authorities of Gwinnett County and Hall County at the time this notice is being published. This 19th day of February, 1996. CHANDLER AND BRITT, CITY ATTORNEYS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Keith R. Breedlove, who, on oath, deposes and says that he is Representative from the 85th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3998

published in the Times, which is the official organ of Hall County, on the following date: February 23, 1996. /s/ Keith R. Breedlove Representative, 85th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF HARTWELL RECREATION AUTHORITYCREATION. No. 759 (House Bill No. 1879). AN ACT To create the City of Hartwell Recreation Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their form, denomination, 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 a 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 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. Short title. This Act shall be known and may be cited as the City of Hartwell Recreation Authority Act.

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SECTION 2. City of Hartwell Recreation Authority. (a) There is hereby created a public body corporate and politic to be known as the City of Hartwell Recreation 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) The Authority shall consist of five members who shall be appointed by the mayor and council of the City of Hartwell, Georgia. With respect to the initial appointment by the mayor and council of the City of Hartwell, 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 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 the City of Hartwell 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. Neither the mayor nor any member of the city council shall be a member of the Authority. Vacancies on the authority shall be filled for the remainder of the unexpired term by the appointment of a qualified person by the mayor and council of the City of Hartwell. (c) The appointing mayor and council of the City of Hartwell, Georgia, may provide by resolution for compensation for the services of the members of the Authority in such amounts as they may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) 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 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 or treasurer is not a member of the Authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority.

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SECTION 3. Definitions. As used in this Act, the term: (1) Authority means the City of Hartwell Recreation Authority created by this Act. (2) Costs 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. (3) Project means (i) an athletic stadium or stadiums, recreational centers and areas, including, but not limited to, playgrounds; parks, hiking, camping, and picnicking areas; swimming pools; lakes; golf courses; tennis courts; athletic fields and courts; club houses and gymnasiums; and all facilities appertaining to such stadiums and recreational centers and areas, including, but not limited to systems, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, and disposal of sewage, waste, and storm water and (ii) any undertaking permitted by the Revenue Bond Law. (4) Revenue Bond Law means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or any other similar law hereinafter enacted. (5) Revenue bonds means revenue bonds authorized to be issued pursuant to this Act. (6) Self-liquidating means any project which the revenues and earnings to be derived by the Authority, including but not limited to any contractual payments with governmental or private entities 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 the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) State means the state of Georgia.

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SECTION 4. Powers. The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) 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; and any and all persons, firms, and corporations and 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; (6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the Authority or from any grant or

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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; (8) To accept loans or both 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; (9) To accept loans or grants or both loans and 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; (10) 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; (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; 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 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 costs 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 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 such revenue bonds.

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SECTION 6. 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 7. 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 as if that person had remained in office until such delivery. SECTION 8. 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 this state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state. SECTION 9. 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

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the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. SECTION 10. 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 11. 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 12. 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, special, or adjourned meeting of the Authority by a majority of its members. SECTION 13. Credit not pledged. Revenue bonds shall not be deemed to constitute a debt of the City of Hartwell, Georgia, nor a pledge of the faith and credit of said city, 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 said city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the Authority and said city to enter into an intergovernmental contract pursuant to which said city agrees to pay amounts sufficient to pay

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operating charges and other costs of the Authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the Authority. SECTION 14. 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 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 and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys. SECTION 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the 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 16. Sinking fund. The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings 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 indenture 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: (i) The interest upon such revenue bonds as such interest shall fall due;

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(ii) The principal or purchase price of such revenue bonds as the same shall fall due; (iii) Any premium upon such revenue bonds as the same shall fall due; (iv) The purchase of such revenue bonds in the open market; and (v) The necessary charges of the paying agent for paying principal and interest. 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 17. 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 a 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, tolls, fines, and other charges for the use of the facilities and services furnished. SECTION 18. Validation. Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, and any institution, department or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of this 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 shall be final

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and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the Authority and all other defendants. 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 Hart 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 20. 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 21. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 22. Purpose of the authority. Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of providing recreational services and facilities and other public services and facilities for the citizens in the City of Hartwell, Georgia, and environs, including Hart County, Georgia, and other counties and municipalities.

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SECTION 23. Rates, charges, and revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations, all or any part of the revenues. SECTION 24. 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, acquired, or constructed and acquired under the provisions of this Act, including the basis upon which recreational services and facilities and other public services and facilities shall be furnished. The Authority may adopt bylaws. SECTION 25. Tort immunity. To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as the City of Hartwell, 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 the City of Hartwell, Georgia, when in the performance of their public duties or work of the city. SECTION 26. 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 be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof. SECTION 27. Effect on other governments. This Act shall not and does not in any way take from the City of Hartwell, Georgia, or any county or municipality the authority to own, operate, and

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maintain recreational facilities or to issue revenue bonds as provided by the Revenue Bond Law. SECTION 28. 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 29. 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 30. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 31. Repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for the creation and establishment of a City of Hartwell Recreation Authority and for other purposes. This 27th day of February, 1996. /s/ Alan Powell Representative 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 28, 1996. /s/ Alan Powell Representative, 23rd District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. WHITFIELD COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 760 (House Bill No. 1880). AN ACT To increase the homestead exemption from Whitfield County ad valorem taxes for county purposes and provide for conditions and procedures relating thereto; to provide for a reduction in the exemption; to provide for special elections for approval or disapproval; to provide for effective dates, applicability, and automatic repeal; to repeal a specific resolution; 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. (2) Whitfield County ad valorem taxes for county purposes means all Whitfield County ad valorem taxes except for ad valorem taxes levied by, for, or on behalf of the Whitfield County School District and except for ad valorem taxes to retire county or school bond indebtedness. SECTION 2. Each resident of Whitfield County is granted an exemption on that person's homestead from all Whitfield County ad valorem taxes for county purposes in the amount of $20,000.00. The assessed value of the homestead in excess of the exempted amount shall remain subject to taxation.

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SECTION 3. The tax commissioner of Whitfield County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the eligibility of the owner for the exemption. SECTION 4. Any person who, as of December 31, 1996, has applied for and is eligible for the $10,000.00 homestead exemption from Whitfield County ad valorem taxation for county purposes provided by a resolution found at Ga. L. 1982, p. 2576, 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 Whitfield County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. SECTION 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Whitfield County ad valorem taxes for county purposes. SECTION 7. That resolution found at Ga. L. 1982, p. 2576, which provides a $10,000.00 exemption from Whitfield County ad valorem taxes for county purposes, is automatically repealed immediately prior to the date the exemption provided in this Act first becomes applicable. SECTION 8. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1997. SECTION 9. If the local option sales and use tax authorized by Article 2 of Chapter 8 of Title 48 of the O.C.G.A. ceases to be levied in Whitfield County any time on or after January 1, 1997, the exemption amount specified in Section 2 of this Act shall be reduced to $10,000.00 of the current assessed value of the

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homestead for every taxable year after the year in which that local option sales and use tax ceases to be levied. SECTION 10. 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 state-wide general election in 1996, and shall issue the call and conduct the 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 County. The ballot shall have written or printed thereon the words: () YES () NO Shall an Act be approved which provides a homestead exemption from Whitfield County ad valorem taxes for county purposes except taxes to retire bonded indebtedness, in the amount of $20,000.00 and repeals a homestead exemption for a lower amount? 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 Whitfield 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 INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to increase the homestead exemption from Whitfield County ad valorem taxes for county purpose; and for other purposes.

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This 20th day of February, 1996. Representative Harold Mann 5th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold Mann, who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News, which is the official organ of Whitfield County, on the following date: February 23, 1996. /s/ Harold Mann Representative, 5th District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF SOCIAL CIRCLE MUNICIPAL COURT; PENALTIES. No. 761 (House Bill No. 1896). AN ACT 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 change the maximum penalties in the recorder's court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, is hereby amended by striking in its entirety subsection (c) of Section 29, which reads as follows: (c) Upon conviction of any person for violation of any ordinance or laws of said city, said recorder may punish such persons by a fine not to exceed $500.00, imprisonment not to exceed 120 days, by work on streets of said city not to exceed 120 days, and any one or more of said punishments may be ordered at the discretion of said recorder. Said

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recorder may fine for contempt not exceeding $25.00 or 25 days imprisonment, or 25 days at work on streets of said city., and inserting in lieu thereof a new subsection (c) to read as follows: (c) Upon conviction of any person for violation of any ordinance or laws of said city, said recorder may punish such persons by a fine not to exceed $1,000.00, by imprisonment not to exceed 120 days, or by work on streets of said city not to exceed 120 days. Any one or more of said punishments may be ordered at the discretion of said recorder. Said recorder may punish for contempt not exceeding a fine of $25.00, 25 days imprisonment, or 25 days at work on the streets of said city. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended; and for other purposes. This 29th day of February, 1996. 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: March 6, 1996. /s/ Len Walker Representative, 87th District Sworn to and subscribed before me, this 7th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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TWIGGS COUNTY RECREATION AUTHORITY CREATION. No. 762 (House Bill No. 1897). AN ACT An Act to create the Twiggs County Recreation Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority, including the power to acquire, construct, add to, extend, improve, equip, operate, and maintain an athletic stadium or stadiums, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas, swimming pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses and gymnasiums, and all facilities appertaining to such stadiums and recreational centers and areas and the power to contract with others 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, tolls, fees, charges, and earnings of the Authority, contract payments to the Authority, and other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, and earnings of the Authority 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 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 GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the Twiggs County Recreation Authority Act. SECTION 2. Twiggs County Recreation Authority. (a) There is created a public body corporate and politic to be known as the Twiggs County Recreation 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) The Authority shall consist of five members. The members of the Authority shall consist of the chairperson of the Board of Education of

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Twiggs County, the Superintendent of the Twiggs County School District, the chairperson of the Board of Commissioners of Twiggs County, one nongovernmental citizen member appointed by the Board of Education of Twiggs County, and one nongovernmental citizen member appointed by the Board of Commissioners of Twiggs County. The citizen members shall be appointed for terms of office of four years, provided that the initial appointment of the citizen member by the Board of Commissioners of Twiggs County shall be for a term of two years. If, at any time a citizen member is to be appointed to the Authority, the Authority has fewer than two members of a minority race, the citizen member appointed for a new term or to fill a vacancy for an unexpired term shall be of a minority race. To be eligible for appointment as a citizen member of the Authority, a person shall be at least 21 years of age, shall be a resident of Twiggs 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. Any citizen member of the Authority may be selected and appointed to succeed himself or herself. Immediately after such appointments the members of the Authority shall enter upon their duties. (c) The members of the Authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) 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 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 or treasurer is not a member of the Authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. SECTION 3. Definitions. As used in this Act, the term: (1) Authority means the Twiggs County Recreation Authority created by this Act. (2) Costs 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,

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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 authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) Project means: (A) An athletic stadium or stadiums, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, and picnicking areas, swimming pools, lakes, golf courses, tennis courts, athletic fields and courts, clubhouses and gymnasiums, and all facilities appertaining to such stadiums and recreational centers and areas; and (B) Any undertaking permitted by the Revenue Bond Law. (4) Revenue Bond Law means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or any other similar law hereinafter enacted. (5) Revenue bonds means revenue bonds issued by the Authority pursuant to the terms of this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. (6) Self-liquidating means any project which the revenues and earnings to be derived by the Authority therefrom, including but not limited to any contractual payments with governmental or private entities, 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 the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) State means the State of Georgia. SECTION 4. Powers. The Authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, 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

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existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensations; (5) 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; and any and all persons, firms, and corporations and 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 authorized by this Act 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; (6) To acquire, construct, add to, extend, improve, equip, operate, and maintain projects; (7) To pay the costs 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; (8) To accept loans 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; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political

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subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) 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; (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; 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 to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the costs 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 provided by this Act 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 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 such revenue bonds. SECTION 6. Revenue bonds; 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.

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SECTION 7. Revenue bonds; 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 8. Revenue bonds; negotiability; exemption from taxation. All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of this state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state. SECTION 9. Revenue bonds; 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 or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. SECTION 10. Revenue bonds; 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.

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SECTION 11. Revenue bonds; 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 12. Revenue bonds; 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 or adjourned meeting of the Authority by a majority of its members. SECTION 13. Credit not pledged. Revenue bonds shall not be deemed to constitute a debt of Twiggs County, Georgia, nor a pledge of the faith and credit of said county, but such revenue bonds shall be payable solely from the fund provided for in Section 16 of this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions of this section, this Act shall not affect the ability of the Authority and said county to enter into an intergovernmental contract pursuant to which said county agrees to pay amounts sufficient to pay operating charges and other costs of the Authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the Authority. SECTION 14. 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

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trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the 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 and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys. SECTION 15. To whom proceeds of bonds shall be paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the 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 16. Sinking fund. The moneys received pursuant to any intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings 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 indenture 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 or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. 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. SECTION 17. 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 given in this Act 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 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, fines, and other charges for the use of the facilities and services furnished. SECTION 18. Validation. Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state, 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 shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the Authority and all other defendants. 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 the Authority shall be brought in the Superior Court of Twiggs 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.

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SECTION 20. 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 of this Act, shall constitute a contract with the holders of such revenue bonds. SECTION 21. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 22. Purpose of the Authority. Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of providing recreational services and facilities and other public services and facilities for the citizens in the Twiggs County, Georgia, and environs, including other counties and municipalities. SECTION 23. Rates, charges, and revenues; use. The Authority is authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues. SECTION 24. 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

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constructed or acquired under the provisions of this Act, including the basis upon which recreational services and facilities and other public services and facilities shall be furnished. The Authority may adopt bylaws. SECTION 25. Tort immunity. To the extent permitted by law, the Authority shall have the same immunity and exemption from liability for torts and negligence as Twiggs 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 Twiggs County, Georgia, when in the performance of their public duties or work of the county. SECTION 26. 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 be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof. SECTION 27. Effect on other governments. This Act shall not and does not in any way take from Twiggs County, Georgia, or any county or municipality the authority to own, operate, and maintain recreational facilities or to issue revenue bonds as provided by the Revenue Bond Law. SECTION 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes of this Act. SECTION 29. Severability; effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

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SECTION 30. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 31. Repeal. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for the creation and operation of a Twiggs County Recreation Authority; and for other purposes. This 1st day of March, 1996. 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: March 7, 1996. /s/ Kenneth W. Birdsong Representative, 123rd District Sworn to and subscribed before me, this 7th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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PIERCE COUNTY STATE COURT; JUDGE; SOLICITOR; COMPENSATION. No. 763 (House Bill No. 1900). AN ACT To amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved February 24, 1994 (Ga. L. 1994, p. 4281), so as to provide for the compensation of the judge and 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 establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved February 24, 1994 (Ga. L. 1994, p. 4281), 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. The judge of the State Court of Pierce County shall receive a salary of $16,500.00 per annum. SECTION 2. Said Act is further amended by striking Section 4A of said Act in its entirety and inserting in lieu thereof a new Section 4A to read as follows: SECTION 4A. The solicitor of the State Court of Pierce County shall receive the same salary per annum as the judge of the State Court of Pierce 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 1996 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Pierce County, approved August 15, 1911 (Ga. L. 1911, p.

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210), as amended, particularly by an Act approved February 24, 1994 (Ga. L. 1994, p. 4281), so as to provide for the compensation of the judge and solicitor; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 5th day of March, 1996. Senator Edward E. Boshears 6th 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 Pierce County Press, which is the official organ of Pierce County, on the following date: March 7, 1996. /s/ Tommy Smith Representative, 169th District Sworn to and subscribed before me, this 8th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. STEWART COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 764 (House Bill No. 1902). AN ACT To create the Board of Commissioners of Stewart County; to provide for continuation of certain obligations and liabilities; to provide for members and officers of the board; to provide for a chairperson; 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 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 a referendum; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is created the Board of Commissioners of Stewart 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 Stewart County and shall continue to have the obligations and liabilities of the commissioner of Stewart County as they existed immediately prior to January 1, 1997. The board of commissioners shall constitute the governing authority of Stewart 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 Stewart County, including the chairperson and all members. SECTION 2. (a) The Board of Commissioners of Stewart County shall consist of five commissioners. Each commissioner shall be a resident of his or her respective commissioner district described in subsection (b) of this section and shall be elected by the electors of such district as provided in Section 3 of this Act. (b) For the purpose of electing members of the board of commissioners, Stewart County shall be divided into five commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the territory of Stewart County as contained in the description of the districts attached to this Act and made a part hereof and further identified as: Operator: local Client: stewart Plan: stewcc96. (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 Stewart 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 Stewart 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 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 the number of the votes cast for that office by the electors of the district as required by the general laws of this state for election to such office. 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 shall be selected by the board at the first regular meeting of the board in January of each odd-numbered year and shall serve for a term of office as chairperson for two years and until a successor is selected by the board.

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SECTION 4. (a) The members of the Board of Commissioners of Stewart County shall be elected at a special election conducted on the date of the state-wide general election on the Tuesday next following the first Monday in November, 1996. 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, 1998, and upon the election and qualification of their respective successors. Those members of the board elected thereto from Commissioner Districts 1, 3, and 5 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 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) 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 Stewart 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 5. (a) In the event of a vacancy occurring on or after January 1, 1997, in the membership of the board 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 Stewart 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

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the successor chairperson is selected by the remaining members of the board for the unexpired term. The selection of a new chairperson shall be made by the board following the date on which the vacancy in the board's membership is filled in 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 member of the board takes office for the unexpired term following his or her appointment as provided for in this subsection, at which time the board shall select a new chairperson for the remainder of the unexpired term as chairperson. (d) A vice chairperson serving as chairperson shall be authorized to vote as a member of the board of commissioners during such service. SECTION 6. Before entering upon the discharge of their duties, the commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. 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 7. (a) Commissioners, including the chairperson, shall be paid a salary of $150.00 per month. Such compensation shall be paid in equal monthly installments from the funds of Stewart County. (b) The chairperson and the other 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.

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SECTION 8. At the first regular meeting of each odd-numbered year, the board of commissioners shall select 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 two-year period in which selected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall select a new vice chairperson to serve for the remainder of the two-year period. SECTION 9. The board of commissioners shall hold 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 any question or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order. SECTION 10. The chairperson 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 and the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following: (1) Maintaining an office for the board of commissioners; (2) Presiding at all public meetings; (3) Representing the county government at ceremonial functions; (4) Being available to the constituency on a regular basis;

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

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(10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Stewart 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 Stewart County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices. SECTION 12. 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 Stewart County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay. SECTION 13. The internal organization of the county government shall be established and altered by the board of commissioners. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated. SECTION 14. The 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

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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 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 Stewart 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 Stewart 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 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 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

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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 Stewart 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 Stewart County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 18. An Act continuing the office of commissioner of Stewart County, approved March 30, 1990 (Ga. L. 1990, p. 5025), is repealed in its entirety. SECTION 19. It shall be the duty of the governing authority of Stewart 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 20. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Stewart County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Stewart County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in June, 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 Stewart County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the governing authority of Stewart County from a single commissioner form of government to a board of commissioners to be composed of five commissioners? All persons desiring to vote for approval of the Act shall vote Yes and those persons desiring to vote against the Act shall vote No. If more than one-half of the votes cast are for approval of the Act, this Act shall become effective as provided in this section. If more than one-half of the votes cast are against approval of such Act or if the election is not conducted as provided in this section, then Sections 1 through 18 of this Act shall not

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become effective and this Act shall be automatically repealed on August 1, 1996. If this Act is approved in the special election provided in this section, it shall become effective immediately for the sole purpose of conducting the elections required by Section 4 of this Act and for all purposes on January 1, 1997, and no further election shall be held for the office of sole commissioner of Stewart County and any person nominated in the general primary of 1996 to the office of sole commissioner, which office is abolished by this Act if approved in the special election provided in this section, shall not take office. The expense of such election shall be borne by Stewart County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 21. The provisions of Sections 19, 20, and 22 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 of this Act shall become effective as provided in Section 20 of this Act. SECTION 22. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: stewart Plan: stewcc96 District No. 1 STEWART Tract: 9502. Block: 111, 112, 113, 114, 115, 116, 117, 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, 154, 155A, 155B, 156, 157, 158A, 158B, 159, 160, 161, 162, 163, 164A, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 196, 197 Tract: 9503. Block: 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, 224A, 227, 228A, 229, 230, 231, 240, 244, 246, 247, 248B, 251, 258, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 292 District No. 2 STEWART Tract: 9501.

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Block: 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, 131, 132, 133, 138, 141 Tract: 9502. Block: 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: 101, 102, 103, 104, 105, 106, 107, 108A, 112A, 112B, 113, 115A, 115B, 116, 117, 118A, 118B, 123, 124, 125, 126, 149, 150, 151A, 151B Block: 156A That part lying east of Oak Street extended to Liberty St. Block: 156B, 157, 158, 159, 165 District No. 3 STEWART Tract: 9501. Block: 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, 188A, 188B, 189, 190B, 192, 193, 211, 212, 213, 214A, 214B, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223B, 228A, 229 Tract: 9503. Block: 108B, 109 District No. 4 STEWART Tract: 9501. Block: 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, 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, 285, 286, 287, 288, 289, 290, 291 District No. 5 STEWART Tract: 9501. Block: 223A, 224, 225, 226, 227, 228B, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 257, 273, 274 Tract: 9503. Block: 110A, 110B, 111, 132, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 152, 153, 154, 155, 160, 161, 162, 163, 164, 166, 167, 168, 169, 201A, 201B, 202, 203, 204,

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205, 206, 207, 208, 209A, 224B, 224C, 225, 226, 228B, 232, 233, 234, 235, 236, 237, 238, 239, 241, 242, 243, 245, 248A, 249, 250, 252, 253, 254, 255, 256, 257, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 290, 291, 293, 294, 295, 296, 297 Block: 156A that part lying west of Oak St. extended to Liberty St. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to create a board of commissioners for Stewart County as a replacement to the sole commissioner form of government; and for other purposes. This 29th day of February, 1996. 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 the Stewart-Webster Journal, which is the official organ of Stewart County, on the following date: March 7, 1996. /s/ Gerald E. Greene Representative, 158th District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996. CATOOSA COUNTY DEVELOPMENT AUTHORITY VOTE NECESSARY FOR ACTIONS. No. 765 (House Bill No. 1903). AN ACT To amend an Act implementing the constitutional amendment creating the Catoosa County Development Authority, approved April 17, 1973 (Ga. L. 1973, p. 3310), as amended by an Act approved March 27, 1985 (Ga. L. 1985, p. 4490), so as to change the number of voting members required to take action by the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act implementing the constitutional amendment creating the Catoosa County Development Authority, approved April 17, 1973 (Ga. L. 1973, p. 3310), as amended by an Act approved March 27, 1985 (Ga. L. 1985, p. 4490), is amended by striking the forth sentence of Section 1 of said Act and inserting in lieu thereof a new fourth sentence of Section 1 to read as follows: A majority of the members shall constitute a quorum, but no action shall be taken by the Authority without the affirmative vote of a majority of the total membership of the Authority. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be requested to be introduced into the 1996 regular session of the General Assembly of Georgia, an amendment to provide that the Act implementing the Catoosa County Development Authority be amended to provide that the affirmative vote of a majority of the total membership shall be required to take action, to provide an effective date, and to repeal conflicting laws. This 20th day of December, 1995. Homer L. Anderson, Chairman 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: December 27, 1995. /s/ McCracken Poston, Jr. Representative, 3rd District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF MACON BOARD OF WATER COMMISSIONERS PENSION PLAN; BENEFITS. No. 766 (Senate Bill No. 304). AN ACT To amend an Act entitled An Act to provide a pension and retirement plan and fund for certain employees and officers of the Macon Water Commissioners-Pension Plan, approved December 30, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), so as to provide an increase in retirement benefits for members who retired during a certain period; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled Macon Water Commissioners-Pension Plan, approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), is amended by inserting at the end of subsection (a) of Section 6 a new paragraph (15) to read as follows: (15) The monthly benefit of every member of the plan who was retired and receiving benefits prior to March 28, 1988, but after June 30, 1986, and of every beneficiary of such a member shall be increased by 5 percent. Such increase shall be paid on benefits received on and after April 1, 1994. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the

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Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Pursuant to the provisions of Section 28-1-14 of the Official Code of Georgia Annotated, notice is hereby given that application will be made to the 1995 Session of the General Assembly of Georgia to amend an Act of the General Assembly entitled Macon Water Commissioners-Pension Plan, approved December 30, 1953 (Ga. L. 1953, page 2831, et seq.) as amended by an Act entitled City of Macon-Board of Water Commissioners Retirement System Amended, approved March 10, 1964 (Ga. L. 1964, page 2695, et seq.) as amended by an Act entitled City of Macon-Board of Water Commissioners Retirement System Amended, approved March 10, 1970, (Ga. L. 1970, page 2324, et seq.) as amended by an Ordinance of the City of Macon entitled City of Macon-Charter Amended-Water Commissioners Pension Plan Amended, filed in the office of the Secretary of State on June 1, 1973 (Ga. L. 1974, page 4088, et seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Act Amended, approved April 6, 1981 (Ga. L. page 3464, et seq.)as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan-Amended, approved March 14, 1983 (Ga. L. 1983, page 3967, et seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan-Amended, approved March 27, 1985 (Ga. L. 1985, page 4543, et seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan-Benefits. approved January 28, 1988 (Ga. L. 1988, page 4872, et seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan, approved March 22, 1989 (Ga. L. 1989, page 4202, et seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; Benefits; Custodian, approved March 13, 1990 (Ga. L. 1990, page 3724, et seq.) as amended by an Act entitled Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; Employer Contributions, approved April 4, 1991 (Ga. L. 1991, page 4520, et seq.), as amended by an act entitled Macon- Water Authority Employees' Pension Plan, approved March 24, 1994 (Ga. L. 1994, page 3947, et seq.) so as to amend Section 6 of said Act to change the effective date for a one-time cost of living raise in benefits for retired employees from July 1, 1986 to March 28, 1988; to

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provide an effective date; to repeal conflicting laws; and for other purposes. This 14th day of January, 1995. s/W. WARREN PLOWDEN, JR. Attorney for the Macon Water Authority GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Brown, who, on oath, deposes and says that he is Senator from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: January 14, 1995. /s/ Robert Brown Senator, 26th District Sworn to and subscribed before me, this 6th day of February, 1995. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996. LUMPKIN COUNTY ADVISORY REFERENDUMS ON COMPREHENSIVE LAND USE REGULATIONS AND ANIMAL CONTROL. No. 767 (Senate Bill No. 589). AN ACT To provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations for unincorporated areas of the county; to determine whether animal control regulations should be established and an animal control department created; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the purpose of this Act to provide for an advisory referendum election to be held in Lumpkin County for the purpose of ascertaining whether the electors of such county are in favor of (1) comprehensive land regulations for the unincorporated areas of the county; and (2) animal control regulations and the creation of an animal control department. SECTION 2. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting two questions to the electors of said county to determine: (1) Whether the county governing authority should establish comprehensive land use regulations for all unincorporated areas of Lumpkin County; and (2) Whether the county governing authority should establish animal control regulations and an animal control department to be funded by the county. The superintendent shall set the date of such election for the earliest possible date in 1996 which is permissible under state law and the federal Voting Rights Act and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lumpkin County. The ballot shall have written or printed thereon the following: Advisory Referendum Election () YES () NO Should the Lumpkin County Board of Commissioners adopt a resolution establishing comprehensive land use regulations for all unincorporated areas of Lumpkin County by December 31, 1996? () YES () NO Should the Lumpkin County Board of Commissioners adopt an animal control resolution establishing animal control regulations and an animal control department to be funded by the county budget beginning with the 1996-97 fiscal year? Such an animal control department would include, but not be limited to, an animal control officer, an appropriate vehicle, and an operating budget? (b) It shall be the duty of the election superintendent of Lumpkin County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said

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superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Lumpkin County. The expense of such election shall be borne by Lumpkin County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Lumpkin County and is for a public purpose and is an essential governmental function for which public funds may be expended. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use regulations and whether animal control regulations should be established and an animal control department created; and for other purposes. This 12th day of January, 1996. Senator S. Guy Middleton 50th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. 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 18, 1996. /s/ S. Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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WHITE COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 768 (Senate Bill No. 650). AN ACT To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of White County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 White County. The amount of such fees shall be fixed by the chief judge of the Superior Court of White 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that law library fees be charged and collected in actions or cases filed in the Magistrate Court of White County in addition to other legal costs. This 18th day of December, 1995. s/K. Grant Keene K. GRANT KEENE, Trustee, White County Law Library GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. 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

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the White County News, which is the official organ of White County, on the following date: December 28, 1995. /s/ S. Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996. UNION COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 769 (Senate Bill No. 652). AN ACT To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Union County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 Union County. The amount of such fees shall be fixed by the chief judge of the Superior Court of Union 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. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that law library

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fees be charged and collected in actions or cases filed in the Magistrate Court of Union County in addition to other legal costs. This 21st day of December, 1995. /s/R. John Boemanns R. JOHN BOEMANNS, Trustee, Union County Law Library GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. 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 Towns County Herald, which is the official organ of Towns County, on the following date: December 28, 1995. /s/ S. Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996. TOWNS COUNTY MAGISTRATE COURT; LAW LIBRARY FEES. No. 770 (Senate Bill No. 653). AN ACT To provide that county law library fees shall be charged and collected in actions and cases in the Magistrate Court of Towns County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 Towns County. The amount of such fees shall be fixed by the chief judge of the Superior Court of Towns 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.

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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 hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that law library fees be charged and collected in actions or cases filed in the Magistrate Court of Towns County in addition to other legal costs. This 22nd day of December, 1995. /s/Lawrence S. Sorgen LAWRENCE S. SORGEN, Trustee Towns County Law Library GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. 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 North Georgia News, which is the official organ of Union County, on the following date: December 27, 1995. /s/ S. Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996. TREUTLEN COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 771 (Senate Bill No. 668). AN ACT To amend an Act creating the Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, particularly by an Act approved March 21, 1979 (Ga. L. 1979, p. 3140), so as to change the compensation of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, particularly by an Act approved March 21, 1979 (Ga. L. 1979, p. 3140), is amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows: SECTION 8. The chairperson of said board of commissioners shall receive a salary of $4,800.00 per annum, payable in equal monthly installments from the general funds of Treutlen County. The remaining members of said board of commissioners shall each receive a salary of $3,600.00 per annum, payable in equal monthly installments from the general funds of said county. No member of said board shall receive any other compensation for expenses or otherwise whatever for any services or expenses incurred within the County of Treutlen. Should it become necessary for any member of said board to transact business for the county outside the limits of said County of Treutlen, then his or her expenses shall be paid out of the general funds of the county upon approval of said board of commissioners. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that a bill will be introduced in the 1996 session of the General Assembly of the State of Georgia to change the compensation of the members of the Treutlen County Board of Commissioners, and for other purposes. This 10th day of January, 1996. Board of Commissioners of Treutlen County BY: Jim L. Gillis, Jr., Chairman
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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 Soperton News, which is the official organ of Treutlen County, on the following date: January 10, 1996. /s/ Hugh M. Gillis, Sr. Senator, 20th District Sworn to and subscribed before me, this 1st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. POLK COUNTY WATER AUTHORITY RENAMED AS POLK COUNTY WATER, SEWAGE, AND SOLID WASTE AUTHORITY; MEMBERS; VETO POWER. No. 772 (Senate Bill No. 689). AN ACT To amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p.3876), so as to rename the authority; to add a member to the authority and provide for the qualifications, appointment, and term of office of such member; to provide for veto power of the chairman and for overriding such veto; 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 Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3876), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: SECTION 1. Short title. This Act shall be known and may be cited as the `Polk County Water, Sewage, and Solid Waste Authority Act.' The authority created by this Act

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is renamed the Polk County Water, Sewage, and Solid Waste Authority, and any reference to the Polk County Water Authority or to the authority shall be deemed to refer to the Polk County Water, Sewage, and Solid Waste Authority. SECTION 2. Said Act is further amended by inserting in Section 2 new subsections to be designated subsection (j) and subsection (k) to read as follows: (j) Notwithstanding any other provision of this section, there shall be a sixth member of the authority, who shall be a member of the Polk County Board of Commissioners who shall be appointed by such board. Notwithstanding any other provision of this section, such member shall be appointed for a term of one year and may serve an unlimited number of terms as long as such member continues to be a member of the Polk County Board of Commissioners. Notwithstanding any other provision of this section, such member shall not be required to be a user of the facilities of the authority or to reside outside the corporate limits of a municipality. Notwithstanding any other provision of this section, any vacancy in the position of the sixth member shall be filled for the unexpired term by appointment of the Polk County Board of Commissioners. (k) Any resolution of the authority may be vetoed by the chairman following the adoption of such resolution. To veto a resolution, the chairman shall send or cause to be sent to each other member of the authority a written message specifying the resolution vetoed and the reason for such veto within ten days following the adoption of such resolution. At the following meeting of the authority, if four members of the authority vote to override the veto of the chairman, the resolution shall be adopted as the policy of the authority. 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 1996 session of the General Assembly of Georgia, a Bill to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), as amended, so as to provide for an additional member of the Authority, the method of appointment of such member and to further amend said Act so as to include as a purpose of said Authority the operation of the gathering, transporting and disposing of solid waste landfills and for other purposes. This 25th day of January, 1996. Thomas Wray, Chairman Polk County Water Authority January 30, 1996
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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 30, 1996. /s/ Nathan Dean Senator, 31st District Sworn to and subscribed before me, this 5th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. FANNIN COUNTY BOARD OF COMMISSIONERS; MEETINGS. No. 773 (Senate Bill No. 692). AN ACT To amend an Act entitled An Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 31, 1975 (Ga. L. 1975, p. 2814), so as to delete certain provisions relating to the times of the meetings of such 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 creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 31, 1975 (Ga. L. 1975, p. 2814), is amended by striking in its entirety Section 7 and inserting in lieu thereof the following: SECTION 7. Meetings. The commission shall hold regular meetings on the second and fourth Tuesdays of each month at the county seat on the second Tuesday and fourth Tuesday, which meetings shall be open to the public, and may

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hold such additional meetings as shall be necessary when called by the chairperson or any two commissioners, provided all members of the commission shall have been notified at least one day in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any two commissioners or the chairperson and any one commissioner shall constitute a quorum for the transaction of business, but no official action shall be taken except upon the affirmative vote of at least two commissioners or at least one commissioner and the chairperson, unless unfilled vacancies exist under subsection (c) of Section 2 of this Act, in which event the remaining commissioners shall be authorized to establish a quorum and take official action. The chairperson shall be entitled to the same voting rights as other commissioners on questions considered by the commission. 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 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 2814) as amended, particularly by an Act approved March 31, 1975 (Ga. L. 1975, p. 2814); and for other purposes. This 25th day of January, 1996. 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 News Observer, which is the official organ of Fannin County, on the following date: January 31, 1996. /s/ David Ralston Senator, 51st District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996.

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CITY OF JONESBORO NEW CHARTER. No. 774 (Senate Bill No. 731). AN ACT To provide a new charter for the City of Jonesboro; to provide for reincorporation, 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 city administrator and mayor 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, 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 and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style the City of Jonesboro, 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 Act with such alterations as may be made from time

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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 Jonesboro, 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 as though they were specifically enumerated in this Act. This city shall have all the powers of self-government not otherwise prohibited by this Act 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. Without limiting the powers referred to in Section 1.12 of this Act, the city shall have the following powers: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate, license, or prohibit the keeping of or running at-large of animals and fowl and to provide for the impoundment of such animals if a violation of any ordinance or lawful order occurs; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this Act and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

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(4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for the collection of taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of regulatory fees and taxes; and to revoke such licenses after due process for failure to pay any city regulatory fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (10) Garbage and trash; collection; fees and taxes. 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. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such chargess, taxes, and fees; (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

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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 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, county jail, or municipal jail by agreement with the appropriate county or municipal 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 Act 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. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing,

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

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insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city and to 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) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (34) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (35) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (36) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by general law; (37) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

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(38) Urban redevelopment. To organize and operate an urban redevelopment program; and (39) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Act as fully and completely as if such powers were fully stated in this Act; 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 Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to 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 Act. If this Act 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 Act, shall be vested in a city council to be composed of a mayor and six council members. The mayor and council members shall be elected in the manner provided by this Act. SECTION 2.11. City council terms and qualifications for office. The mayor and council members shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he or she has been a resident of the state for one year and a resident of the city for six months immediately prior to the date of the election of mayor or members of the city council; and each shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city.

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SECTION 2.12. Vacancy; filling of vacancies. (a) Vacancies The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Act or the general laws of the State of Georgia. (b) Filling of Vacancies A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in this Act. SECTION 2.13. Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14. Holding other office; voting when personally interested. (a) Except as authorized by law, the mayor or any council member shall not hold any other city office or city employment during the term for which he or she was elected. (b) Neither the mayor nor any member of the city council shall vote upon, sign or veto any ordinance, resolution, contract, or other matter in which he or she is personally interested. SECTION 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. SECTION 2.16. General power and authority of the city council. Except as otherwise provided by the Act, the city council shall be vested with all the powers of government of this city as provided by Article I of this Act.

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SECTION 2.17. Effective date of terms; oath of office. Newly elected governing body members shall assume office effective January 1 following a municipal election. Prior to entering upon their duties, newly elected governing body members shall each take the following oath: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council member) of this city and that I will support and defend the Act thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. The oath may be administered any time following the final determination of election results, to be effective on the next immediately following January 1. SECTION 2.18. Regular and special meetings. (a) The city shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting. (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 24 hours prior to such meetings. 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 Act and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons of the city council shall be appointed by the mayor and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time.

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SECTION 2.20. Quorum; voting. The presiding officer and three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members present shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.21. Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be in substantially the following form: Be it and it is hereby ordained by the Mayor and Council of the City of Jonesboro... and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. 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. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that 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 2.24 of this Act.

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SECTION 2.24. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general condification 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. The compilation shall be known and cited officially as The Code of Ordinances of the City of Jonesboro, Georgia. (c) The city council shall cause each ordinance and each amendment to this Act to be printed promptly following its adoption, and the printed ordinances and Act 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 Act and at all times thereafter, the ordinances and Act amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation in such code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.25. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the county for one year and the city for six months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. The mayor shall vote as any other council member. SECTION 2.26. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive and administrative power granted to the city under the

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Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this Act. SECTION 2.27. 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) Recommend appointment and removal of officers, department heads, and employees of the city, except as otherwise provided in this Act; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and recommended capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the city council as provided for in Section 2.18(b) of this Act; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever he or she deems it expedient; and (10) Perform such other duties as may be required by law, this Act, or by ordinance. SECTION 2.28. Mayor pro tempore; selection; duties At the January council meeting each year, by a majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor pro tem shall retain his or her right to vote on all issues before the council while acting as presiding officer. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members.

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ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this Act, 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 such may become necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this Act or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency. (e) All directors and other appointed officers and employees 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 and other appointed officers and employees under his or her supervision, but the period of such suspension shall not exceed five calendar days following the mayor giving written notice of such action and the reasons therefor to the director involved and to the city council. The director, officer, or employee involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four council members. 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 Act or by law.

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(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by Act 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 Act for original appointment, except as otherwise provided by this Act or by law. (f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of four members of the city council. (h) Except as otherwise provided by 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 Act, ordinances of the city, or general law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. SECTION 3.13. City clerk. The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal; maintain

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city council records required by this Act; and perform such other duties as may be required by the city council. The council may combine the duties of city clerk with other appointed positions in city government. SECTION 3.14. City treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this Act and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The council may combine the duties of city treasurer with other appointed positions in city government. SECTION 3.15. Position classification and pay plans. The city may adopt a position classification and pay plan. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. SECTION 3.16. Personnel policies. The city council may adopt rules and regulations consistent with this Act concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

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ARTICLE IV MUNICIPAL COURT SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Jonesboro. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years and be admitted to the practice of law in 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 four members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this Act. 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 Act, 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.

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(c) The municipal court may fix punishment for offenses within this jurisdiction not exceeding a fine of $1,000.00 dollars or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have 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 and state courts for violations of general 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 gives bail for his or her appearance and fails 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. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this Act or by general 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 generally, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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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 Clayton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the court 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. 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. SECTION 5.11. Election of the city council and mayor. (a) There shall be a municipal general election on the first Tuesday after the first Monday in November in odd-numbered years. (b) There shall be elected three council members in the 1997 election and at every other election thereafter. The mayor's seat and the remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this Act. (c) The mayor and council members holding office on the effective date of this Act shall remain in office for the remainder of their terms and until their successors are elected and qualified.

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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. All elections in the city shall be determined by plurality. The person receiving a plurality of the votes cast for mayor shall be elected. Council members are elected at large. The number of candidates receiving the highest numbers of votes and corresponding to the number of council seats to be filled shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining may appoint a successor for the remainder of the term or may allow the office to remain vacant pending the next regular city election. 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. SECTION 5.15. Other provisions. Except as otherwise provided by this Act, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. SECTION 5.16. Removal of officers. (a) The mayor, council members, or other appointed officers provided for in this Act shall be removed from office for any one or more of the following causes: (1) Incompetence or misfeasance 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 Act;

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(4) Knowingly violating any express prohibition of this Act; (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 Act or by general law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four council members after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this Act shall have the right of appeal from the decision of the city council to the Superior Court of Clayton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Clayton County following a hearing on a complaint seeking such removal brought by any resident of the city. 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 not exempt from such taxation by state law. 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; payments 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.

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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 therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 to this Act. SECTION 6.13. Licenses; permits; fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city 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 Act. 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 him or her. 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 without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this Act. 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 Act. 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 Act by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. 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 Act or general law. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

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SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by general 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 every office, department, agency, and activity of the city government. SECTION 6.23. Preparation of budgets. The city council may prescribe procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.24. Submission of budget to city council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed budget for the ensuing fiscal year. The budget may be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Action by city council on budget. (a) The city council may amend the budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all

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expenditures required by state law or by other provisions of this Act and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final budget for the ensuing fiscal year not later than the first day of the new fiscal year. If the city council fails to adopt the budget by this date, the amounts 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. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. SECTION 6.26. Tax levies. Following adoption of the 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 budget for defraying the expenses of the general government of this city. SECTION 6.27. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from any existing unexpended surplus. SECTION 6.28. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal

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governments may be accepted as satisfying the requirements of this Act. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.29. Contracting procedures. No contract with the city in excess of $2,000.00 shall be binding on the city unless it is: (1) In writing; (2) Drawn by or submitted and reviewed by the city attorney, and as a matter of course is signed by him or her to indicate such drafting or review; and (3) Made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20. SECTION 6.30. Centralized purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.31. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by general 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 the resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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ARTICLE VII GENERAL PROVISIONS SECTION 10. Bonds for officials. The elective and appointive officers and employees of this city 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 general law. SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this Act are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Pending matters. Except as specifically provided otherwise by this Act, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.13. Construction. (a) Section captions in this Act 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 7.14. Severability. If any article, section, subsection, paragraph, sentence, or part of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independently of each other.

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SECTION 7.15. Effective date. This Act shall become effective following approval by the General Assembly and preclearance by the United States Department of Justice. SECTION 7.16. Repealer. An Act incorporating the City of Jonesboro in the County of Clayton approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended by Ga. L. 1937, p. 1972; Ga. L. 1941, p. 1569; Ga. L. 1952, p. 2510; Ga. L. 1957, p. 2976; Ga. L. 1958, p. 2619; Ga. L. 1971, p. 2854; Ga. L. 1972, p. 3295; Ga. L. 1988, p. 4656; Ga. L. 1988, p. 4814; and Ga. L. 1989, p. 5216; and an Act to authorize the City of Jonesboro to enact zoning ordinances, approved February 10, 1939, Ga. L. 1939, p. 1130 are hereby repealed in their entirety. All other laws and parts of laws in conflict with this Act are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the 1996 session of the General Assembly of Georgia a Bill to enact a new charter for the City of Jonesboro, in the county of Clayton, and to repeal the existing charter approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended. A copy of this Bill is on file and will be available for inspection in the office of the City Clerk of the City of Jonesboro, Georgia. Steven M. Fincher, City Attorney City of Jonesboro, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: February 2, 1996. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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CLAYTON COUNTY STATE COURT; ADDITIONAL JUDGE; ELECTION; CHIEF JUDGE. No. 775 (Senate Bill No. 758). 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 April 11, 1979 (Ga. L. 1979, p. 3838) and an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), so as to add a judge to said court; to provide for the election and term of office of said additional judge and for the election of his or her successors; to provide for related matters; to provide that the office of chief judge of said court shall be rotated annually among the judges of said court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838) and an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), is amended by striking in its entirety Section 3A and inserting in lieu thereof the following: SECTION 3A. Effective January 1, 1997, there shall be four judges of the State Court of Clayton County. The three judges serving in office or taking office as a result of election or reelection on January 1, 1997, shall continue to serve in the office to which they were elected. The fourth judge shall be elected at the general election held in November, 1996, and shall take office on January 1, 1997, for a term of four years and until his or her successor is elected and qualified. The judges of said court shall serve terms of four years and until their successors are elected and qualified. SECTION 2. Said Act is further amended by striking subsection (a) of Section 3B and inserting in lieu thereof the following: (a) The office of chief judge of the State Court of Clayton County shall rotate annually among the judges of such court. The judge serving as chief judge on the effective date of this Act shall continue to serve as chief judge until December 31, 1996. On January 1, 1997, and on the first day of January of each year thereafter, the office of chief judge shall pass to the judge next lowest in seniority. 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 1996 session of the General Assembly of Georgia a bill to amend and Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838); and for other purposes. This 20th day of February, 1996. CLAYTON COUNTY DELEGATION GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: February 22, 1996. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. FORSYTH COUNTY WATER AND SEWERAGE AUTHORITY CREATION. No. 776 (Senate Bill No. 773). AN ACT To create the Forsyth 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 Forsyth County or any municipality in Forsyth 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.

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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 Forsyth County Water and Sewerage Authority Act. SECTION 2. Forsyth County Water and Sewerage Authority. (a) There is created a body corporate and politic to be known as the Forsyth 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, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, or employees of the authority. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.

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(b) The authority shall consist of six members, five of whom shall be the serving members of the Board of Commissioners of Forsyth County and the sixth of whom shall be the Director of the Forsyth County Water and Sewer Department. (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 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 of the rights and perform all of 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 Forsyth County Water and Sewerage Authority created in Section 2 of this Act. (2) Cost of the project means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; 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 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 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 Forsyth 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 Forsyth 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 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 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) Self liquidating means any project where, 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 to: (1) Have a seal and alter the same at pleasure; (2) Acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes;

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(3) 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 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 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 Forsyth 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 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 Forsyth 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) Appoint, select and employ officers, agents and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys, and fix their respective compensations; (5) 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, agreements with the authority upon such terms and for such purposes as they

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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; provided, however, that the authority shall not have the power to enter into any intergovernmental contract which would cause an ad valorem tax to be levied on property within the corporate limits of the City of Cumming as such limits exist on July 1, 1996, without the express approval of the governing authority of such city; (6) 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 or any agency or instrumentality thereof; (7) 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) 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) Borrow money for any of its corporate purposes and to execute notes or other evidences of such indebtedness and to secure the same; (10) 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) 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) 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

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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 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 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 revenue 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 or a facsimile thereof shall be affixed thereto 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 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 person 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 such officer 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 the laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom 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 in 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 any definitive bonds, the authority may under like restrictions issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive revenue 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 Forsyth County or any municipality in Forsyth County, nor a

Page 4092

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 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 the 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 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

Page 4093

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 pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of: (1) The interest upon the revenue bonds as such interest shall fall due; (2) The principal of the revenue bonds as the same shall fall due; (3) Any premium upon the revenue 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

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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, 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 the accrued interest thereon and the 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 Forsyth 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, way 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 shall be determined and the contract or contracts shall be adjudicated as a part of the basis for the security for the payment of any such bonds of the authority. The bonds,

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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 the 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 Forsyth 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 its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such 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 revenue, income, fees and earnings shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 23. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Forsyth 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 Forsyth 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

Page 4096

and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof. SECTION 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 Forsyth County or any municipality located therein or any other 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 provided

Page 4097

by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. SECTION 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State of Georgia and its 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 or 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 IF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to create the Forsyth County Water and Sewerage Authority; to authorize the authority to acquire, contract, 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 Forsyth County or, any municipality in Forsyth 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. 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 28, 1996. /s/ Clinton M. Day Senator, 48th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. MURRAY COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; COMPENSATION. No. 777 (Senate Bill No. 776). AN ACT To amend an Act relating to the Magistrate Court of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4061), as amended by an Act approved March 21, 1989 (Ga. L. 1989, p. 3925), so as to change provisions relating to the compensation of the chief magistrate; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act relating to the Magistrate Court of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4061), as amended by an Act approved March 21, 1989 (Ga. L. 1989, p. 3925), is amended by striking Section 3 in its entirety and inserting in its place a new Section 3 to read as follows: SECTION 3. (a) The chief magistrate shall receive an annual salary of $40,500.00. Each other magistrate shall receive for each day of service a salary equal to one three hundred and sixty-fifth of the salary of the chief magistrate, but the other magistrates shall not receive such compensation for more than 20 combined days of service for any month for both magistrates unless the chief magistrate is disabled, in which event the compensation of the other magistrates during that disability shall be the same as provided for in this subsection. (b) The salaries provided for in subsection (a) of this section shall be the total compensation of the chief magistrate and other magistrates

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from public funds, except that they may in addition receive retirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law. (c) The chief magistrate shall have the authority to appoint such clerks, secretaries, assistants, and other personnel as he or she shall deem necessary to efficiently and effectively discharge the official duties of his or her office. The chief magistrate shall, from time to time, recommend to the governing authority of Murray County the number of such personnel needed by his or her office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Murray County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the chief magistrate, during his or her term of office, to designate and name the person or personse who shall be employed as such clerks, assistants, and other personnel, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his or her sole discretion. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to amend an Act placing the chief magistrate of Murray County on an annual salary, approved March 12, 1984 (GA. L. 1984, p. 4061), as amended, so as to change the provisions relating to the compensation of the chief magistrate of Murray County; to provide an effective date; to repeal conflicting, laws; and for other purposes. This 12th day of February, 1996. Sen. Stephen B. Farrow, District 54 Rep. Jerry Lifsey, District 6 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 Notice of Intention to Introduce Local Legislation was published in the

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Chatsworth Times, which is the official organ of Murray County, on the following date: February 14, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF ST. MARYS MAYOR AND COUNCIL; TERMS; ELECTIONS; PLURALITY VOTE. No. 778 (Senate Bill No. 778). AN ACT To amend an Act providing for a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3961), so as to provide that the mayor and councilmembers shall continue to serve for the terms for which elected; to provide for election of the mayor and councilmembers by a plurality of voters of the entire City of St. Marys; to provide for related matters; to provide for a certain submission; 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 St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, particularly by an Act approved March 4, 1993 (Ga. L. 1993, p. 3961), is amended by striking subsection (a) of Section 2-101, relating to the mayor and council, in its entirety and inserting in lieu thereof the following: (a) There shall be a mayor and council composed of the mayor and six councilmembers elected as provided in Article 3 of this charter for four-year terms of office, except as provided in Article 3. Each councilmember shall hold a designated council post, the posts to be numbered one through six. All terms of office shall begin on the first Thursday after January 1 of the year following election to such office.

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SECTION 2. Said Act is further amended by striking in its entirety paragraph (2) of subsection (a) of Section 2-102, relating to qualifications, and inserting in lieu thereof the following: (2) Have resided in the city for not less than one year immediately preceding the date of qualification for office and must continue in such residence during the term of office; SECTION 3. Said Act is further amended by striking Section 3-102, relating to elections, in its entirety and inserting in lieu thereof the following: SECTION 3-102. (a) The mayor and those councilmembers in office on January 4, 1996, and any successors appointed to fill vacancies in such offices shall continue to serve for the terms to which they were elected and until their successors are elected and qualified. (b) For the purpose of electing councilmembers at the regular municipal election to be held in November, 1997, and thereafter, the City of St. Marys shall consist of one election district with six numbered posts. Each person seeking election as a councilmember shall designate the post for which he or she seeks election. The candidate receiving a plurality of the votes cast for the designated city council post shall be elected. At the regular municipal election to be held in November, 1997, the councilmembers for Posts 4, 5, and 6 shall be elected for terms of four years and until their successors are elected and qualified. At the regular municipal election to be held in November, 1999, the councilmembers for Posts 1, 2, and 3 shall be elected for terms of four years and until their successors are elected and qualified. (c) At the regular municipal election to be held in November, 1997, the mayor shall be elected from the city at large by a plurality of the votes cast to fill such office for a term of four years and until his or her successor is elected and qualified. (d) Thereafter, the mayor and councilmembers shall be elected at the regular municipal election held in November immediately preceding the expiration of their terms of office for terms of four years and until their respective successors are elected and qualified. (e) All municipal elections shall be nonpartisan and the names of candidates shall be listed alphabetically upon the ballot without party label. SECTION 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of the City of

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St. Marys, Georgia, to submit this Act to the United States Attorney General for approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an act to provide a new charter for the City of St. Marys, Georgia, approved April 9, 1981 (Ga. L. 1981, p. 4763), as amended, and for other purposes. Senator Peg Blitch 7th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peg Blitch, who, on oath, deposes and says that she is Senator from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, which is the official organ of Camden County, on the following date: February 28, 1996. /s/ Peg Blitch Senator, 7th District Sworn to and subscribed before me, this 29th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. RICHMOND COUNTY BOARD OF HEALTH; MEMBERSHIP; TERMS. No. 779 (Senate Bill No. 783). AN ACT To amend an Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such department by the Richmond County Board of Health, approved March 7, 1955 (Ga. L. 1955, p. 3192), as amended, so as to change the composition of said board of health; to provide for appointments and terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the continued existence of the Richmond County Department of Health and for the management and control of such department by the Richmond County Board of Health, approved March 7, 1955 (Ga. L. 1955, p. 3192), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) The membership of the Richmond County Board of Health for the Richmond County Department of Health shall be composed as follows: (1) One member from the Augusta-Richmond County Commission-Council appointed by such commission-council; (2) The president of the Richmond County Board of Education or his or her designee; (3) One member appointed by the Augusta-Richmond County Commission-Council from a list of three nominated by the Richmond County Medical Society; (4) One member appointed by the Augusta-Richmond County Commission-Council from a list of three nominated by the Stoney Medical, Dental Pharmaceutical Association; (5) One member appointed by the Augusta-Richmond County Commission-Council from a list of three nominated by the Augusta Dental Society; (6) One member appointed by the Augusta-Richmond County Commission-Council from a list of three nominated by the Tenth District of the Georgia Nurses Association; and (7) Five members at large appointed by the Augusta-Richmond County Commission-Council. (b) The members of the board of health in office on February 1, 1996, shall serve out the terms of office to which they were appointed. As new members are appointed, such members shall be appointed for terms of office of four years and until their successors are appointed and qualified; provided, however, that the terms of office of the members of the board of health provided for in paragraphs (1) and (2) of subsection (a) of this section shall be terms of office of one year. New appointments shall be made such that the requirements of subsection (a) of this section are met at the earliest date possible. The appointment of

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additional members required by this Act shall be made by the Augusta-Richmond County Commission-Council in compliance with subsection (a) of this section, provided that the initial term of office of one of such appointments shall be two years. Except for successors appointed to the board of health under paragraphs (1) and (2) of subsection (a) of this section for one-year terms of office, the remaining successors to the members provided for in this section shall be appointed as provided in this section for terms of four years and until their successors are appointed and qualified. Members may succeed themselves; provided, however, that no person currently on such board of health or appointed to such board of health after the effective date of this section shall serve more than two consecutive terms of office. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will introduced at the Regular 1996 Session of the General Assembly of Georgia an Act to establish the composition of the Richmond County Board of Health; to establish the method of appointment of members of the Richmond County Board of Health; to establish the terms of the Board Members; to provide an effective date; to repeal conflicting laws; and for other purposes. This 18th day of January, 1996. HARRY D. REVELL Attorney for Richmond County Board of Health GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Cheeks, who, on oath, deposes and says that he is Senator from the 23rd 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 24, 1996. /s/ D. Cheeks Senator, 23rd District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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SOUTHERN JUDICIAL CIRCUIT JUDGES; SUPPLEMENT. No. 780 (House Bill No. 1762). AN ACT To amend an Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, so as to increase the supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit and to provide for the payment of such supplement in specified amounts by the counties composing the Southern Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a supplement to the compensation of the judges of the Superior Courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, is amended by striking in its entirety Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. Each of the judges of the Superior Courts of the Southern Judicial Circuit shall receive, in addition to any compensation, allowances, benefits, funds, or moneys of any kind received by such judge from the state, a supplement in compensation in the amount of $15,000.00 per annum, to be paid monthly from the funds of the counties composing the Southern Judicial Circuit. The amounts which shall be paid by each of said counties to each of said judges are as follows: Brooks County, $1,350.00 per annum Colquitt County, $3,300.00 per annum Echols County, $150.00 per annum Lowndes County, $6,750.00 per annum Thomas County, $3,450.00 per annum SECTION 2. This Act shall become effective on July 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 1996 session of the General Assembly of Georgia a bill to amend an Act which provides

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for a supplement of the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. 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 Moultrie Observer, which is the official organ of Colquitt County, on the following date: February 7, 1996. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 19th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. 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

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the Quitman Free Press, which is the official organ of Brooks County, on the following date: February 7, 1996. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 19th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. 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 10, 1996. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 19th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes.

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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 Echols County, on the following date: February 10, 1996. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act which provides for a supplement to the compensation and retirement of the judges of the Superior Courts of the Southern Judicial Circuit and for the payment of such supplements in specified amounts by the counties comprising the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended; and for other purposes. 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 Thomasville Times-Enterprise, which is the official organ of Thomas County, on the following date: February 7, 1996. /s/ Tim Golden Representative, 177th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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CITY OF LEESBURG CORPORATE LIMITS. No. 781 (House Bill No. 1828). 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, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4129), so as to describe the corporate boundaries of such city; 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, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4129), is amended by 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 southern boundary line and along the southern boundary lines of Land Lots 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 to the southeast corner of

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Land Lot 79; thence proceed north along the eastern boundary line of Land Lot 79 until said line intersects with the northern right of way line of Georgia Highway Route 32; thence proceed south 89 degrees 20 minutes 00 seconds west a distance of 249.10 feet to a point; thence proceed north 02 degrees 11 minutes 00 seconds east a distance of 600.01 feet to a point; thence proceed south 89 degrees 20 minutes 00 seconds west a distance of 75.00 feet to a point; thence proceed north 02 degrees 11 minutes 00 seconds east a distance of 200.00 feet to a point; thence proceed north 89 degrees 20 minutes 00 seconds east a distance of 75.00 feet to a point; thence proceed north 02 degrees 11 minutes 00 seconds east a distance of 221.31 feet to a point; thence proceed south 87 degrees 34 minutes 23 seconds west a distance of 168.01 feet to a point; thence proceed north 01 degrees 32 minutes 03 seconds west a distance of 215.00 feet to a point; thence proceed north 89 degrees 37 minutes 41 seconds east a distance of 122.35 feet to a point; thence proceed north 01 degrees 43 minutes 19 seconds west a distance of 219.86 feet to a point; thence proceed north 89 degrees 37 minutes 41 seconds east a distance of 235.94 feet to a point on the eastern boundary line of Land Lot 50; thence proceed north along the eastern boundary lines of Land Lots 50 and 47 to the northeastern corner of Land Lot 47; thence proceed west along the northern boundary lines of Land Lot 47, land Lot 46 and Land Lot 45 to the point where the northern boundary line of Land Lot 45 intersects the western right of way line of the Old Smithville Road also known as the Jones Place Road; thence proceed south along said western right of way line of the Old Smithville Road a distance of 2132.94 feet to a point; thence proceed north 89 degrees 55 minutes west a distance of 1496.61 feet to a point on the eastern right of way line of the Central of Georgia Railroad; thence proceed north 22 degrees 52 minutes west along the eastern right of way line of the Central of Georgia Railroad until said right of way line intersects the northern boundary line of Land Lot 45; thence proceed west along the northern boundary lines of Land Lot 45 and Land Lot 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. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act

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to create a new charter for the City of Leesburg, approved April 17, 1973 (Ga. L. 1973, p. 2851), as amended; and for other purposes. This 19th day of February, 1996. Ray Holland Representative Ray Holland District 157 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: February 22, 1996. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 27th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. LEE COUNTY UTILITIES AUTHORITY POWERS. No. 782 (House Bill No. 1841). AN ACT To amend an Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved March 17, 1995 (Ga. L. 1995, p. 3518), so as to provide for certain powers of the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended, particularly by an Act approved March 17, 1995 (Ga. L. 1995, p. 3518), is amended by inserting immediately following Section 4 a new Section 4.1 to read as follows:

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SECTION 4.1. Additional Powers. In addition to those powers enumerated in Section 4 of this Act, the authority shall have the power: (1) To provide standards, regulations, and other requirements for the construction of water and sewer systems by persons and entities other than the authority, and to condition the authority's approval of subdivisions and other developments upon compliance with such standards, regulations, and requirements; (2) To require as a condition for the authority's approval of any subdivision development or other development of real property or real property in Lee County that all internal water and sewer systems constructed in such development be deeded to the authority and be connected to and served by the water and sewer facilities of the authority; and (3) To require that all persons and entities using water and sewer in Lee County be required to connect to the water and sewer systems owned and operated by the authority under such terms, conditions, and circumstances as provided by the authority. SECTION 2. Nothing in this Act shall be construed as to affect the home rule powers granted to counties pursuant to the Georgia Constitution. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create the Lee County Utilities Authority, approved April 17, 1992 (Ga. L. 1992, p. 6419), as amended; and for other purposes. This 19th day of February, 1996. Ray Holland Representative Ray Holland District 157 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 22, 1996. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. WARE COUNTY STATE COURT; SOLICITOR; TERM; REFERENDUM. No. 783 (House Bill No. 1863). AN ACT To amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved August 13, 1904 (Ga. L. 1904, p. 225), so as to change the term of office of the solicitor of said court; to provide for the election of a successor solicitor; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved August 13, 1904 (Ga. L. 1904, p. 225), is amended by striking Section 2 of said Act and inserting in lieu thereof the following: SECTION 2. The successor to the solicitor of the State Court of Ware County in office on January 1, 1996, shall be elected at the November, 1996, general election for a term of office of four years to begin on the first day of January, 1997, at which time the term of office of the present incumbent solicitor shall expire. The solicitor shall serve until a successor is elected and qualified, and all vacancies shall be filed by appointment of the Governor from the time of such vacancy to the next general election, at which time a successor shall be elected to fill the unexpired term. The

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solicitor shall have been admitted to practice law in the State of Georgia for at least one year preceding the date he or she takes office and shall possess such other qualifications as are provided by Code Section 15-7-24 of the O.C.G.A. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Ware County shall call and conduct an election for the purpose of submitting this Act to the electors of Ware County for approval or rejection. The superintendent shall conduct that election on the Tuesday after the first Monday in November, 1996. 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 Ware County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which shortens the term of office of the presentincumbent solicitor of the State Court of Ware County so that such term of office shall expire on January 1, 1997, and which provides for the election of a successor solicitor at the 1996 general election? All persons desiring to vote for approval of the Act shall vote Yes, and those desiring to vote for the rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for the 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 Ware County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUGE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved

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December 11, 1897 (Ga. L. 1897, p. 510), as amended, so as to provide for the term of office of the solocitor of said court; and for other purposes. Representative Harry Dixon District 168 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 10, 1996. /s/ Harry D. Dixon Representative, 168th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 4, 1996. CARROLL COUNTY TAX COMMISSIONER; SCHOOL TAXES; COLLECTION; FEES. No. 784 (House Bill No. 1871). AN ACT To provide that the tax commissioner of Carroll County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The tax commissioner of Carroll County shall remit all educational funds collected by said officer to the Board of Education of Carroll County, except that 2 percent of the funds collected shall be retained by the tax commissioner and remitted to the governing authority of Carroll County to reimburse the county for the cost of collecting school taxes.

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SECTION 2. It is the intention of this Act to reduce for the purposes of Carroll County school taxes the amount authorized by subsection (a) of Code Section 48-5-404 of the O.C.G.A. as reimbursement to counties for the collection of school taxes, and this Act is enacted pursuant to the specific authority of Paragraph III of Section VI of Article VIII of the Constitution of the State of Georgia. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1996 Session of the General Assembly of Georgia a bill to provide that the tax commissioner of Carroll County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Carroll county to reimburse the county for the cost of collecting school taxes; to provide for a statement of intention and the authority for this Act; to repeal conflicting laws; and for other purposes. This 1st day of March, 1996. 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 the Times-Georgian, which is the official organ of Carroll County, on the following date: March 2, 1996. /s/ John Simpson Representative, 101st District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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CITY OF KENNESAW CORPORATE LIMITS. No. 785 (House Bill No. 1877). AN ACT To amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of 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 203 of the 20th District, 2nd Section, Cobb County, Georgia, being Lot 16, Block C, Shillingwood, Unit III as shown on plat of survey recorded at Plat Book 75, Page 75, Cobb County, Georgia Records. Said plat is incorporated herein by reference for a more detailed description. All that tract or parcel of land lying and being in Land Lot 88 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point at the northwest corner of Land Lot 88; thence along the north line of said Land Lot south 86 degrees 28 minutes 17 seconds east a distance of 736.59 feet to a point at the true point of beginning; thence continuing along said land lot line south 86 degrees 28 minutes 17 seconds east a distance of 250.08 feet to a point; thence leaving said land lot line south 02 degrees 07 minutes 17 seconds west a distance of 1826.38 feet to a point; thence north 87 degrees 31 minutes 07 minutes west a distance of 250.00 feet to a point; thence north 02 degrees 07 minutes 17 seconds east, a distance of 1830.95 feet to a point at the true point of beginning. Said tract contains 10.5 acres. All that tract or parcel of land lying and being in Land Lot 92 of the 20th District, 2nd Section, Cobb County, Georgia, being Lot 32, Block I, Pine Tree Country Club Estates, formerly Recreation Center, Cobb County Recreation Authority, as per plat recorded in Plat Book 21, Pages 146 and 147, in the Office of the Clerk of Superior Court of Cobb County, Georgia, which recorded plat is incorporated herein by reference and made a part of this description.

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All that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point at the southwest corner of Land Lot 167 of the aforesaid district and section; running thence north 01 degree, 25 minutes 00 seconds west along the west line of said land lot 200.52 feet to an iron pin on the southeasterly right of way of Due West Kennesaw Road (a 50-foot right of way); running thence north 37 degrees 48 minutes 04 seconds east along the southeasterly right of way line of said road 484.70 feet to a point; running thence north 34 degrees 26 minutes 01 second east along the southeasterly right of way line of said road 122.07 feet to a point; running thence north 29 degrees 55 minutes 07 seconds east along the southeasterly right of way line of said road 76.58 feet to a point; running thence north 24 degrees 22 minutes 26 seconds east along the southeasterly right of way line of said road 107.64 feet to a point; running thence north 24 degrees 03 minutes 17 seconds east along the southeasterly right of way line of said road 97.72 feet to a point formed by the intersection of the southeasterly right of way line of said road the southwesterly right of way line of U.S. Highway No. 41 (a 250-foot right of way); running thence south 45 degrees 03 minutes 00 seconds east along the southwesterly right of way line of said highway 848.84 feet to an iron pin on the northwesterly right of way line of the CSX Railroad; running thence southwesterly along the northwesterly line of the right of way of CSX Railroad and following the curvature thereof an arc distance of 151.11 feet (the chord subtending said arc being south 35 degrees 47 minutes 24 seconds west 151.09 feet); running thence north 54 degrees 25 minutes 00 seconds west 294.76 feet to an iron pin; running thence south 32 degrees 03 minutes 08 seconds west 143.65 feet to an iron pin; running thence south 24 degrees 45 minutes 23 seconds west 185.03 feet to an iron pin; running thence south 11 degrees 10 minutes 54 seconds west 101.08 feet to an iron pin on the south line of Land Lot 167 of the aforesaid district, and section; running thence north 89 degrees 48 minutes 48 seconds west along the south line of said land lot 582.94 feet to a point at the southwest corner of said land lot, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 26 of the 20th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the line dividing Land Lots 26 and 51 of the 20th District, and 2nd Section of Cobb County, Georgia, said point being 255.0 feet easterly from the intersection of the southeasterly right of way of Hickory Grove Road and said land lot line as measured along said land lot line; thence north 06 degrees 44

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minutes 20 seconds west a distance of 124.6 feet to an iron pin on the southeasterly right of way of Hickory Grove Road); thence east by northeasterly along the southeasterly right of way of Hickory Grove Road (50 foot right of way) and following the curvature thereof, a distance of 1042.18 feet to an iron pin and corner; thence south 13 degrees 00 minutes east a distance of 400.87 feet to an iron pin, point and corner on the line dividing Land Lots 26 and 51, said district and section; thence north 85 degrees 59 minutes 04 seconds west along said land lot line a distance of 1102.12 feet to an iron pin at the point of beginning. Said tract containing 6.58 acres as shown on that certain boundary survey for Agnes Reece and Elizabeth Reece by Raymond C. Knight, Registered Land Surveyor # 1991 and being dated November 15, 1984. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District and 2nd Section of Cobb County, Georgia, as per plat of survey prepared by Robert T. Weaver and recorded in Plat Book 29, Page 53, Cobb County, Georgia Records, said property being more particularly described as follows: BEGINNING at an iron pin located at the intersection of the southerly side of Old U. S. 41 Highway and the easterly side of Cathey Lane; thence south 73 degrees 48 minutes east a distance of 178 feet to a corner; thence in a southwesterly direction a distance of 201.9 feet to a corner; thence north 73 degrees 19 minutes west a distance of 190.8 feet to an iron pin located on the easterly side of Cathey Lane; thence in a northerly direction a distance of 200 feet, more or less, to the southerly side of Old U. S. 41 Highway, the same being the point of beginning. Said property being shown on said plat as 3122 Cathey Lane. All that tract or parcel of land lying and being in Land Lot 90, 20th District, 2nd Section, Cobb County, Georgia, and being more fully shown on plat of survey by J. P. Phillips, Surveyor, dated April 1, 1968, showing a total area of 1.26 acres, and being more particularly described as follows: Beginning at an iron pin located on the west side of Moon Station road 139.3 feet south of the iron pin located on the west side of said Moon Station Road at its intersection with the north line of Land Lot 90; thence west 362 feet to an iron pin and corner; thence south 179 feet to an iron pin and corner; thence slightly northeasterly of east 368.5 feet to an iron pin and corner located on the west side of Moon Station Road; thence north along the west side of Moon Station Road 125 feet to the point of beginning; said property including the 1.16 acre tract on which the house is located and also the.10 acre in which straightens the line so as to give said house and lot a frontage of 125 feet on Moon Station Road.

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All that tract or parcel of land lying and being in original Land Lot 89 of the 20th District, 2nd Section of Cobb County, Georgia, and being all of the tract of land (in the shape of a triangle) known as the `Property of Bob Irene Morgan' as per plat of survey of the same made by Mr. Larry Allen Godfrey, Registered Surveyor, dated 3-14-1973, and recorded in Plat Book 57, Page 176, Office of Clerk, Superior Court of Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin located where the southeasterly side of Giles Road intersects with the east line of Land Lot 89 and as shown on the aforesaid plat; running thence in a southerly direction for a distance of 358.66 feet to an iron pin; thence running south 87 degrees 10 minutes west for a distance of 149.36 feet to an iron pin located on the southeasterly side of Giles Road as shown on said plat; thence running north 22 degrees 19 minutes east for a distance of 392.89 feet to an iron pin located on the southeasterly side of Giles Road and on the east line of Land Lot 89 and at the point of beginning. A one-half (1/2) undivided interest in all that tract or parcel of land lying and being in Land Lot 139 of the 20th District of the 2nd Section of Cobb County, Georgia and being shown as the property of George W. Trippe as per plat of survey by Thomas E. Williams Assoc., dated July 30, 1968 and recorded in Plat Book 46, Page 35, Cobb County Records, and more particularly described as follows: Beginning at the intersection of the northwestern line of Pine Mountain Road and the southwestern line of a drive; said point of beginning being located 388.5 feet southwesterly as measured along the northwestern line of Pine Mountain Road from the point formed by the intersection of the northwestern line of Pine Mountain Road with the south line of U. S. Highway # 41; running thence in a generally northwesterly direction along the southwest line of the drive and following the curvatures thereof 395 feet to an iron pin; running thence south 1 degree west 330 feet to an iron pin; running thence north 89 degrees east 225 feet to an iron pin located on the northwestern line of Pine Mountain Road; running thence in a northeasterly direction along the northwest line of Pine Mountain Road and following the curvatures thereof 139.5 feet to the point of beginning. All that tract or parcel of and lying and being in Cobb County, Georgia, and being a part of Land Lot 102 in the 20th District and 2nd Section of said County and more particularly described as follows: Beginning at an iron stake on the west side of Jiles Road and 425 feet north of the northeast corner of lands deeded to Mark H. Smith and Mildred L. Smith by J. G. Lewis and running westerly at right

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angles 120 feet from said iron stake; thence northerly 150 feet; thence easterly 120 feet to a stake on the west side of Jiles Road; thence southerly 150 feet to the point of beginning, including all buildings on said lot. All that tract or parcel of land lying and being in original Land Lot 89 of the 20th District, 2nd Section of Cobb County, Georgia, and being all of the tract of land known as the `Property of Eugene Bernice Swancy' as per plat of survey of the same made by Mr. Larry Allen Godfrey, Registered Surveyor, dated 3/14/73 and recorded in Plat Book 57, Page 175, Office of Clerk, Superior Court of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located on the southeasterly side of Giles Road, said iron pin being a distance of 392.89 feet southwest of the point where the southeasterly side of Giles Road intersects with the east line of Land Lot 89 as measured along the southeasterly side of Giles Road and as shown on the aforesaid plat; running thence north 87 degrees 10 minutes east for a distance of 149.36 feet to an iron pin; thence running in a southerly direction for a distance of 125.90 feet to an iron pin as shown on said plat; thence running south 89 degrees 28 minutes west for a distance of 184.65 feet to an iron pin located on the southeasterly side of Giles Road as shown on said plat; thence running in a northeasterly direction along the southeasterly side of Giles Road for a distance of 128.5 feet to an iron pin located on the southeasterly side of Giles Road and 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, and being more particularly described as follows: Begin at an iron pin 515.81 feet southwest of the intersection of the southerly right of way of Giles Road with the easterly land lot line of Land Lot 89 as measured along the southeasterly right of way of Giles Road; running thence south 86 degrees 34 minutes 16 seconds west a distance of 196.94 feet to the easterly land lot line of Land Lot 89 and an iron pin; thence running south 00 degrees 00 minutes 00 seconds west along said land lot line 283.77 feet to an iron pin; thence running north 63 degrees 42 minutes west 262.43 feet to an iron pin on the southeasterly right of way of Giles Road; thence running north 13 degrees 56 minutes 57 seconds east along the southeasterly right of way of Giles Road 160.45 feet to an iron pin and the point of beginning. This tract contains 1.1125 acres and is more particularly shown and described on that plat of survey for Eugene Swancy by D. W. Lynah Surveyors, dated June 11, 1986, which survey is hereby incorporated by reference.

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All that tract or parcel of land lying and being in Land Lot 89, 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pipe located on the northwesterly right of way of Giles Road, 658.0 feet southwesterly, as measured along the northwesterly right of way of Giles road, from its intersection with the original east line of said land lot, and running thence north 66 degrees 19 minutes west, along the southwest line of property of Grantors herein (See Plat Book 21, Page 157), for a distance of 190.0 feet to an iron pipe and corner; thence running northerly for a distance of 262 feet, more or less, to an iron pipe and corner located on the south line of property now or formerly owned by Dr. Martin V. Teem, and 50.0 feet west of the northwesterly line of Grantors' property (as shown on plat recorded in Plat Book 21, Page 157); thence running westerly, along the south line of said Teem property for a distance of 150.0 feet to an iron pipe located at the northwest corner of property conveyed to Grantors herein by Warranty Deed from Jerry Bearden, dated June _____, 1985; thence running southerly along the westerly line of Grantors' property, last mentioned above, for a distance of 350.0 feet to an iron pipe and corner; thence running southeasterly along the southwest line of Grantors' last-mentioned property for a distance of 330.0 feet to an iron pipe and corner located on the northwesterly right of way of Giles Road; thence running northeasterly along the northwesterly right of way of Giles Road, for a distance of 100.0 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 168 of the 20th District, 2nd Section, Cobb County, Georgia, described in Plat Book 65, Page 141, of said county records and being more particularly described as follows: Beginning at an iron pin on the northwest right of way of McCollum Parkway, which point is 512.2 feet as measured along said northwest right of way from the intersection of said right of way with the land lot line dividing Land Lots 168 and 169 of said county and district; thence continuing southwesterly along said northwest right of way of McCollum Parkway south 67 degrees 48 minutes 00 seconds west 327.10 feet to an iron pin on said right of way; thence north 01 degrees 26 minutes 00 seconds east, 721.96 feet to an iron pin on the south side of an unpaved road sometimes known as Duncan Drive; thence south 85 degrees 53 minutes 00 seconds east along said southern right of way 300 feet to an iron pin; thence south 1 degree 26 minutes 00 seconds west 576 feet to an iron pin on the northwest right of way of McCollum Parkway and the point of beginning. Said tract contains 4.446 acres. Also included in the within conveyance is a permanent easement for ingress and egress from the above described property in a westerly

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direction to the east side of the now paved portion of Duncan Drive. Said easement shall be thirty (30) feet in width and shall be bounded on the north by the north line of the Helen C. Duncan property which is also the north line of Land Lot 168 of the 20th District of Cobb County, Georgia. All that tract or parcel of land lying and being in Land Lot 139 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin located on the southwest line of U.S. Highway # 41, 255.5 feet northwesterly as measured along the southwest line of U. S. Highway #41 from the point formed by the intersection of the southwest line of U. S. Highway # 41 with the northwest line of Pine Mountain Road; running thence in a northwesterly direction along the southwest line of U. S. Highway #41 780 feet to an iron pin located on the west line of said Land Lot 139; running thence south 00 degrees 30 feet east along the west line of said Land Lot 139, 717 feet to an iron pin; running thence north 89 degrees east 460 feet to an iron pin located on the northwest line of Pine Mountain Road; running thence in a northeasterly direction along the northwest line of Pine Mountain Road, and following the curvature thereof 286 feet to an iron pin; running thence north 63 degrees west 103 feet to an iron pin; running thence north 27 degrees east 199.1 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Land Lot 165, 20th District, 2nd Section, Cobb county, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING commence at the common corner of Land Lots 165, 166, 140 and 139; run thence south 89 degrees 30 minutes 00 seconds west along the north line of Land Lot 165 a distance of 74.92 feet to a point; run thence south 02 degrees 26 minutes 20 seconds east a distance of 785.45 feet to the northwesterly side of Pine Mountain Road; run thence southwesterly along the northwesterly arc of Pine Mountain Road a distance of 215.85 feet to an iron pin and the TRUE POINT OF BEGINNING, said point of beginning also being at the southeasterly corner of property now or formerly owned by s. L. Leveto; run thence south 35 degrees 16 minutes 46 seconds west along the northwesterly side of Pine Mountain Road 179.65 feet to an iron pin and the property now or formerly owned by Kate Ellis Hardy; run thence north 77 degrees 00 minutes 00 seconds west along the northeasterly line of said Hardy property a distance of 160 feet to an iron pin; run thence north 48 degrees 00 minutes 00 seconds west along the northeasterly line of said Hardy property 100 feet to an iron pin; run thence north 10 degrees 27 minutes 34 seconds west

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190 feet to an iron pin and said Leveto property; run thence south 68 degrees 46 minutes 35 seconds east along the southwesterly line of said Leveto property a distance of 395.27 feet to the northwesterly side of Pine Mountain Road and the point of beginning, being improved property having a one-story frame house thereon, containing 1.333 acres, and being more particularly shown on survey prepared by Georgia Land Surveying Co., Inc., dated June 28, 1974. All that tract or parcel of land lying and being in Land Lot No. 165 of the 20th District, 2nd Section of Cobb County, Georgia, and being approximately 1 acre, as shown on plat made by A. W. Robinson, Surveyor, dated April 30, 1969, which is more particularly described as follows: To arrive at the beginning of property herein conveyed, beginning at a point on the northwest side of Pine Mountain Road, 603 feet southwest as measured along the northwest side of Pine Mountain Road from the east line of Land Lot No. 165; to the point of beginning of the property herein conveyed marked by an iron pin; running thence northwest 77 degrees for a distance of 160 feet to an iron pin; thence running northwest 48 degrees for a distance of 100 feet to an iron pin and corner of Mayhew and Cantrell property; thence running along Cantrell property east 123.9 feet to an iron pin on the northeasterly side of a driveway, as shown on said plat; thence running approximately 370 feet on the northeasterly side of said driveway to an iron pin on the northwest side of Pine Mountain road; thence northeast along the northwest side of Pine Mountain Road for a distance of 228 feet to the point of beginning. All that tract or parcel of land lying and being in the 20th District, 2nd Section, Land Lot 165 of Cobb County, Georgia, and more particularly described as follows: Begin at the northwest corner of Grantors existing lot, which point is the point of beginning of the property herein conveyed; thence north 25 degrees 0 seconds west a distance of 383 feet to an iron pin and to the south property line of Grantees existing property; thence north 65 degrees 0 minutes east a distance of 137 feet to an iron pin; thence south 41 degrees east a distance of 197 feet; thence south 24 degrees 0 minutes east 131 feet; thence south 39 degrees east a distance of 191.5 feet to an iron pin and the point of beginning of this conveyed property. All that tract or parcel of land lying and being in Land Lot 176 and 177 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: To locate the point of beginning from a point on the east side of Kennesaw Due West Road the north side of a 50 foot street; thence running northerly along the easterly side of said Kennesaw Due

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West Road 440.0 feet to a point; thence north 78 degrees 9 minutes east 1043.6 feet to a point on the east side of N. C. and STL rail road right of way; thence southerly along said right of way 388.0 feet to a point; thence north 72 degrees 55 minutes west 326.0 feet to a point; thence south 31 degrees 21 minutes 15 seconds west 148.25 feet to an iron pin which is the TRUE POINT OF BEGINNING: thence south 31 degrees 21 minutes 15 seconds west 144.8 feet to an iron pin; thence north 35 degrees 59 minutes 37 seconds west 329.73 feet to ann iron pin; thence north 47 degrees 28 minutes 21 seconds east 100.0 feet to an iron pin; thence south 42 degrees 31 minutes 37 seconds east 295.4 feet to the TRUE POINT OF BEGINNING. The above parcel of land being.86 acres. All that tract or parcel of land lying and being more particularly described as follows: To locate the point of beginning from a point on the east side of Kennesaw Due West Road at the north side of a 50 foot street; thence running northerly along the easterly side of said Kennesaw Due West Road, 440.0 feet to the TRUE POINT OF BEGINNING; thence north 78 degrees 9 minutes east 319.0 feet to a point; thence south 42 degrees 31 minutes 37 seconds east 104 feet to an iron pin; thence south 47 degrees 28 minutes 21 seconds west 50 feet to a point; thence north 42 degrees 31 minutes 37 seconds west 54 feet to a point; thence south 78 degrees 9 minutes west 269.0 feet to a point; thence running in a northerly direction along the easterly side of Kennesaw Due West Road to the True Point of Beginning. All that tract or parcel of land lying and being in Land Lot 90 of the 20th District, 2nd Section of Cobb county, Georgia, being more particularly described as follows: BEGIN at a point where the western right of way of Moon Station Road intersects with the northern right of way boundary of Bayswater Drive and proceeding northerly along the western right of way boundary of Moon Station Road a distance of 695.69 feet to an iron pin and the POINT OF BEGINNING of the property herein conveyed; thence north 88 degrees 25 minutes 10 seconds west a distance of 421.97 feet to an iron pin; thence north 28 degrees 17 minutes 52 seconds east a distance of 161.29 feet to an iron pin; thence north 84 degrees 17 minutes 16 seconds east a distance of 362.72 feet to an iron pin and to the western right of way boundary of Moon Station Road; thence south 04 degrees 41 minutes 33 seconds west along the western right of way boundary of Moon Station Road a distance of 190.40 feet to an iron pin and to the point of beginning. This conveyed tract contains 1.478 acres and is also more particularly described by a plat of survey prepared for Audrey L.

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Edmondson on January 25, 1986 by Mack R. Price, Registered Surveyor, and said plat is incorporated herein by reference. All that tract or parcel of land lying and being in Land Lots 102 and 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 northerly line of Land Lot 102 of the 20th District, 2nd Section, Cobb County, Georgia, and the easterly right of way line of Giles Road; running thence south 86 degrees 46 minutes 07 seconds east along the north line of Land Lot 102 of said district and section 596.98 feet to a point; running thence south 86 degrees 53 minutes 30 seconds east along the north line of Land Lot 101 of the aforesaid district and section 530.71 feet to a point; running thence south 03 degrees 03 minutes 47 seconds west 2590.92 feet to a point on the south line of Land Lot 101 of the aforesaid district and section; running thence north 88 degrees 24 minutes 20 seconds west 399.38 feet to a point; running thence north 88 degrees 11 minutes 08 seconds west 552.08 feet to a point; running thence north 03 degrees 59 minutes 30 seconds east 167 feet to a point; running thence north 88 degrees 12 minutes 07 seconds west 175.0 feet to a point on the easterly right of way line of Giles Road; running thence northerly along the easterly right of way line of Giles Road 2502.78 feet to a point formed by the intersection of the easterly right of way line of Giles Road and the north line of Land Lot 102 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, and being more particularly described as follows: Beginning at a point on the northwesterly right of way line of Giles Road, said point being 658.0 feet southeasterly as measured along the northwesterly right of way line of Giles Road from the intersection of the northwesterly right of way line of said road and the east line of Land Lot 89 of the aforesaid district and section; running thence north 66 degrees 19 minutes west 190.0 feet to a point; running thence northeasterly 311 feet to a point; running thence southeasterly 202 feet to a point on the northwesterly right of way line of Giles Road; running thence southwesterly along the northwesterly right of way line of Giles Road 334.8 feet to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 206 of the 20th District, 2nd Section, Cobb County, Georgia, being 1.00 acres, more or less, and being more particularly described as follows: Beginning at a one and one-half inch open pipe located on the southwesterly side of the right of way of Old U. S. 41 Highway (60

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foot right of way), which pipe is 887.0 feet northwest of the intersection of the southwesterly side of the right of way of Old U. S. 41 Highway and the centerline of Stanley Road, as measured along the southwesterly side of the right of way of Old U. S. 41 Highway; running thence south 88 degrees 14 minutes 40 seconds west along the northern boundary line of property now or formerly owned by James H. Wilbur, Sr. for a distance of 260.0 feet to an iron pin and corner; running thence north 13 degrees 40 minutes 00 seconds west for a distance of 172.00 feet along the eastern boundary line of property now or formerly owned by Cook, Wood and the Gerald S. Wood, Jr., Family Trust, to an iron pin and corner; running thence north 88 degrees 14 minutes 40 seconds east along the southern boundary line of property owned by Cook, Wood and the Gerald S. Wood, Jr. Family Trust for a distance of 260.0 feet to an iron pin and corner located on the westerly side f the right of way of Old U.S.41 Highway; running thence south 13 degrees 40 minutes 00 seconds east along the westerly and southwesterly side of the right of way of Old U. S. 41 Highway for a distance of 172.0 feet to the point of beginning. All that tract or parcel of land lying and being in Cobb County, Georgia and in the 20th District and 2nd Section and in Land Lot No. 206 and more particularly described as follows: Beginning at a point on the west side of U. S. Highway No. 41 and at the northeast corner of the Herbert Wilbur lot and running north along the west side of the Highway 100 feet to a stake; thence westerly along the land of G. M. Wilbur 200 feet to a corner; thence southerly along the land of G. M. Wilbur 200 feet to a corner; thence easterly along the land of G. M. Wilbur 100 feet to the corner of the Herbert Wilbur Lot; thence northerly along land of Herbert Wilbur 100 feet to the corner of Herbert Wilbur; thence easterly along the land of Herbert Wilbur 100 feet to 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, as shown on a plat of survey made for Dr. Martin Van B. Teem by J. P. Phillips, Surveyor, dated November 22, 1960, and being more particularly described as follows: Beginning at an iron pin located at the northeast corner of said Land Lot No. 89 and running thence south 2 degrees 41 minutes east for a distance of 1064 feet to the northwest side of Giles Road; running thence southwesterly at an interior angle of 157 degrees 78 minutes along the northwest side of Giles Road for a distance of 303.2 feet to an iron pin; running thence north 79 degrees 24 minutes west for a distance of 202 feet to an iron pin; running thence south 19 degrees 11 minutes west for a distance of 49 feet to an iron pin; running thence south 89 degrees 11 minutes west for a

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distance of 1024 feet to an iron pin located on the east line of property now or formerly owned by J. L. Giles; running thence north 1 degree 14 minutes west along the east line of said Giles property for a distance of 1351 feet to an iron pin located on the north line of said Land Lot No. 89; running thence north 89 degrees 11 minutes east along the north line of said Land Lot No. 89 for a distance of 1320 feet to an iron pin and the point of beginning. A copy of the above referred to plat is recorded in Plat Book 21, Page 157, Cobb County Records. All that tract or land lying and being in Land Lot 90, 20th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey for Norma June West by Perry E. McClung, Registered Land Surveyor, dated November 11, 1987, and being more particularly described as follows: Beginning at an iron pin on the southeasterly side of Giles Road 764.0 feet northeasterly from the intersection of the southeasterly side of Giles Road and the west line of Land Lot 90, as measured along the southeasterly side of Giles Road; running thence southeasterly 104.0 feet to an iron pin; thence northeasterly at an interior angle of 81 degrees 45 minutes with the last preceding call 112.0 feet to an iron pin; thence with the last preceding call 233.5 feet to an iron pin on the southeasterly side of Giles Road; thence southwesterly along the southeasterly side of Giles Road 140.0 feet to an iron pin and the point of beginning. All that tract or parcel of land lying and being in Land Lot 165 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeasterly right of way line of Pine Mountain Road, said point being 137 feet southwesterly as measured along the southeasterly right of way line of Pine Mountain Road from the intersection of the southeasterly right of way line of Pine Mountain Road and the southwesterly right of way line of Pine Meadow Point; running thence southeasterly 200 feet to a point; continuing thence southeasterly 258.5 feet, more or less, to a point on the east line of Land Lot 165 of the aforesaid district and section; running thence southerly along the east line of said land lot 310.9 feet, more or less, to a point formed by the intersection of the east line of said land lot and the center line of a creek; running thence in a general southwesterly direction along the center line of said creek and following the meandering thereof, 611 feet, more or less, to a point formed by the intersection of the center line of said creek and the southeasterly right of way line of Pine Mountain Road; running thence northeasterly along the southeasterly right of way line of Pine Mountain Road 842 feet, more or less, to a point, said point being the point of beginning.

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All that tract or parcel of land lying and being in Land Lot 165 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northwesterly right of way line of Pine Mountain Road, said point being south 35 degrees 11 minutes 37 seconds west 119.04 feet from the intersection formed by the northwesterly right of way line of Pine Mountain Road and the southwesterly right of way line of Laurel Lane; running thence north 21 degrees 47 minutes 54 seconds west 308.70 feet to a point; running thence north 65 degrees 50 minutes 55 seconds west 328.41 feet to a point; running thence north 70 degrees 18 minutes 14 seconds west 222.61 feet to a point; running thence north 70 degrees 17 minutes 13 seconds west 220.96 feet to a point; running thence south 01 degree 32 minutes 40 seconds west 100.61 feet to a point; running thence south 01 degree 23 minutes 43 seconds west 289.68 feet to a point; running thence south 23 degrees 39 minutes 21 seconds east 210.26 feet to a point; running thence south 24 degrees 47 minutes 04 seconds east 376.64 feet to a point; running thence south 38 degrees 10 minutes 47 seconds east 244.71 feet to a point on the northwesterly right of way line of Pine Mountain Road; running thence northeasterly along the northwesterly right of way line of Pine Mountain Road to the point of beginning. All that tract or parcel of land lying and being in Land Lot 27 of the 20th District, 2nd Section, Cobb County, Georgia, and being Lots 1, 2, 13, 14, 15, 16, and 17, Michael Heights Subdivision as shown on plat of survey recorded in Plat Book 29, Page 53, in the Office of the Clerk of the Superior Court, Cobb County, Georgia. All that tract or parcel of land lying and being in Land Lot 127 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point formed by the intersection of the southeasterly right of way line of Cathy Lane and the southwesterly right of way line of Old U. S. Highway 41; running thence southeasterly along the southwesterly right of way line of said highway 178.0 feet to a point; running thence southwesterly along the northwesterly side of Lot 10, Michael Heights Subdivision, as shown on plat of survey recorded in Plat Book 29, Page 53, in the Office of the Clerk of the Superior Court, Cobb County, Georgia, 201.9 feet to a point; running thence northwesterly 190.8 feet to a point on the southeasterly right of way line of Cathy Lane; running thence northeasterly along the southeasterly right of way line of Cathy Lane 200 feet, more or less, to a point, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 126 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:

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Beginning at a point formed by the intersection of the east line of Land Lot 126 of the aforesaid district and section and the northwesterly right of way line of Rutledge Road; running thence southwesterly along the northwesterly right of way line of Rutledge Road 396.0 feet to a point; running thence northerly 438.0 feet to a point; running thence northeasterly 396.0 feet, more or less, to a point on the east line of Land Lot 126 of the aforesaid district and section; running thence southerly along the east line of said land lot 389.0 feet, more or less, to a point on the northwesterly right of way line of Rutledge Road, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 140 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point at the southeast corner of Land Lot 140 of the aforesaid district and section; running thence south 88 degrees 03 minutes 54 seconds west along the south line of said land lot 74.85 feet to a point; running thence north 81 degrees 22 minutes 00 seconds west 293.34 feet to a point; running thence north 07 degrees 31 minutes 19 seconds east 178.0 feet to a point; continuing thence in a northeasterly direction to a point on the southwesterly right of way line of U.S. Highway 41; running thence southeasterly along the southwesterly right of way line of said highway to a point formed by the intersection of the southwesterly right of way line of said highway and the east line of Land Lot 140 of the aforesaid district and section; running thence southerly along the east line of said land lot to a point at the southeast corner of said land lot, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 60 of the 20th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeasterly right of way line of Shiloh Road, said point being the northwesterly corner of Lot 1, Block I, Pinetree Estates Subdivision; running thence southerly along the west line of Lots 1, 2, 3, 4, 5 and 6 of said block of said subdivision, 591.1 feet to a point; running thence westerly along the north line of Lot 7 of said block of said subdivision 63.0 feet to a point; running thence southerly along the west line of Lot 8 of said block of said subdivision, 350.0 feet to a point on the northwesterly right of way line of Shiloh Trail West; running thence southwesterly along the northwesterly right of way line of said road 255 feet to a point; running thence northerly 690.0 feet to a point on the southeasterly right of way line of Shiloh Road; running thence northeasterly along the southeasterly right of way line of Shiloh Road and following the curvature thereof to a point, said point being the point of beginning.

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All that tract or parcel of land lying and being in Land Lots 126, 127 and 141 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Rutledge Road and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southeasterly right of way line of Rutledge Road and the southwesterly right of way line of State Highway 293; running thence southwesterly along the southeasterly right of way line of Rutledge Road and following the curvature thereof to a point formed by the intersection of the southeasterly right of way line of Rutledge Road and the northeasterly right of way line of Cobb Parkway (U.S. Highway No. 41); running thence northwesterly along the northeasterly right of way line of said highway to a point formed by the intersection of the northeasterly right of way line of said highway and the northwesterly right of way line of Rutledge Road; running thence northeasterly along the northwesterly right of way line of Rutledge Road and following the curvature thereof to a point formed by the intersection of the northwesterly right of way line of Rutledge Road and the southwesterly right of way line of State Highway No. 293; running thence southeasterly along the southwesterly right of way line of State Highway 293 and crossing the right of way of Rutledge to a point formed by the intersection of the southeasterly right of way line of Rutledge Road and the southwesterly right of way line of said State Highway No. 293, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lots 167, 168, 169 and 136 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the rights of way of McCollum Parkway and Duncan Drive and being more particularly described as follows: BEGINNING at a point formed by the intersection of the northwesterly right of way line of McCollum Parkway and the northeasterly right of way line of State Highway No. 269; running thence northeasterly along the northwesterly right of way line of McCollum Parkway and following the curvature thereof to a point formed by the intersection of the northwesterly right of way line of McCollum Parkway and the southerly right of way line of Duncan Drive; running thence westerly along the southerly right of way line of Duncan Drive and following the curvature thereof to a point formed by the intersection of the southerly right of way line of Duncan Drive and the existing municipal limits of the City of Kennesaw; running thence northerly along the existing municipal limits of the City of Kennesaw and crossing the right of way of Duncan Drive to a point formed by the intersection of the existing municipal limits of the City of Kennesaw and the northerly right of way line of Duncan Drive; running thence easterly along the northerly right of way line of Duncan Drive and following the

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curvature thereof to a point formed by the intersection of the northerly right of way line of Duncan Drive and the northeasterly right of way line of McCollum Parkway; running thence due east and crossing the right of way of McCollum Parkway to a point on the southeasterly right of way line of McCollum Parkway which point is due east of the last above-mentioned point of intersection; running thence southwesterly along the southeasterly right of way line of McCollum Parkway and following the curvature thereof to a point formed by the intersection of the southeasterly right of way line of McCollum Parkway and the northeasterly right of way line of State Highway No. 293; running thence northwesterly along the northeasterly right of way line of State Highway No. 293 and crossing the right of way line of McCollum Parkway to a point formed by the intersection of the northwesterly right of way line of McCollum Parkway and the northeasterly right of way line of State Highway No. 293, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lots 141, 126 and 125 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Cobb Parkway (U.S. Highway No. 41) and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southwesterly right of way line of Cobb Parkway and the northwesterly right of way line of Crooked Creek Road; running thence northwesterly along the southwesterly right of way line of Cobb Parkway to a point formed by the intersection of the southwesterly right of way line of Cobb Parkway and the northwesterly right of way of Jim Owens Road; running thence northeasterly and crossing the right of way of Cobb Parkway to a point formed by the intersection of the northeasterly right of way line of Cobb Parkway and the northwesterly right of way line of Blue Springs Road; running thence southeasterly along the northeasterly right of way line of Cobb Parkway to a point formed by the intersection of the existing municipal limits of the City of Kennesaw and the northeasterly right of way line of Cobb Parkway; running thence southwesterly and crossing the right of way of Cobb Parkway to a point formed by the intersection of the southwesterly right of way line of Cobb Parkway and the northwesterly right of way line of Crooked Creek Road, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lots 127, 102, 89, 90, 63, 62, 91, 92, and 61 of the 20th District, 2nd Section, Cobb County, Georgia, and being a portion of the right of way of Giles Road, Moon Station Road and Baker Road and being more particularly described as follows: BEGINNING at a point formed by the intersection of the northeasterly right of way line of State Highway No. 296 and the westerly right

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of way line of Giles Road; running thence in a general northerly direction along the westerly right of way line of Giles Road and following the curvature thereof to a point located at the intersection of the northerly right of way line of Giles Road and the westerly right of way line of Moon Station Road; running thence northerly along the westerly right of way line of Moon Station Road and following the curvature thereof to a point formed by the intersection of the southwesterly right of way line of Baker Road and the westerly right of way line of Moon Station Road; running thence due north and crossing the right of way of Baker Road to a point on the northeasterly right of way line of Baker Road, which point is due north of the last above-mentioned point of intersection; running thence in a general southeasterly and easterly direction along the northeasterly and northerly right of way line of Baker Road and following the curvature thereof to a point formed by the intersection of the northerly right of way line of Baker Road and the northwesterly right of way line of Shiloh Road; running thence southwesterly along the northwesterly right of way line of Shiloh Road to a point formed by the intersection of the southerly right of way line of Baker Road and the northwesterly right of way line of Shiloh Road; running thence westerly and northwesterly along the southerly and southwesterly right of way line of Baker Road and following the curvature thereof to a point formed by the intersection of the southwesterly right of way line of Baker Road and the easterly right of way line of Moon Station Road; running thence southerly along the easterly right of way line of Moon Station Road to a point formed by the intersection of the existing municipal limits of the City of Kennesaw and the easterly right of way line of Moon Station Road; running thence westerly along the existing municipal limits of the City of Kennesaw and crossing the right of way of Moon Station Road to a point formed by the intersection of the westerly right of way line of Moon Station Road and the existing municipal limits of the City of Kennesaw; running thence northerly along the westerly right of way line of Moon Station Road to a point formed by the intersection of the southwesterly right of way line of Giles Road and the westerly right of way line of Moon Station Road; running thence northwesterly, southwesterly and southerly along the southwesterly, southeasterly and easterly right of way line of Giles Road and following the curvature thereof to a point formed by the intersection of the easterly right of way line of Giles Road and the northeasterly right of way line of State Highway 293; running thence northwesterly along the northeasterly right of way line of State Highway No. 293 to a point formed by the intersection of the northeasterly right of way line of said highway and westerly right of way line of Giles Road, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 165 of the 20th District, 2nd Section, Cobb County, Georgia, and being 1.005

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acres as shown on plat of survey for Virdie M. Hancock dated February 19, 1992 and being more particularly described as follows: BEGINNING at an iron pin on the northwesterly right of way line of Pine Mountain Road (a variable right of way), said iron pin being at the easternmost corner of Lot 55 of Butler's Ridge Subdivision; running thence north 38 degrees 10 minutes 47 seconds west 260.0 feet to an iron pin; running thence north 41 degrees 24 minutes 11 seconds east 183.41 feet to an iron pin on the southwesterly side of a private drive; running thence south 24 degrees 56 minutes 23 seconds east along said drive 63.86 feet to a point; running thence southeasterly along the southwesterly side of said drive and following the curvature thereof an arc distance of 133.39 feet to a point (the chord subtending said arc being south 42 degrees 51 minutes 57 seconds east 131.49 feet); running thence south 56 degrees 00 minutes 50 seconds east 57.35 feet to an iron pin on the northwesterly right of way line of Pine Mountain Road; running thence southwesterly along the northwesterly right of way line of Pine Mountain Road and following the curvature thereof an arc distance of 199.30 feet to an iron pin (the chord subtending said arc being south 38 degrees 39 minutes 56 seconds west 199.29 feet); running thence north 38 degrees 10 minutes 47 seconds west 15.29 feet to an iron pin, said iron pin being the point of beginning. (Said iron pin also being 265.81 feet northeasterly as measured along the northwesterly right of way line of Pine Mountain Road and following the curvature thereof from the intersection of the northwesterly right of way line of Pine Mountain Road and the easterly right of way line of Wellcrest Drive.) 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended; and for other purposes. This 12th day of January, 1996. 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

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Marietta Daily Journal, which is the official organ of Cobb County, on the following date: January 19, 1996. /s/ Kem Shipp Representative, 38th District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF DAWSONVILLE NEW CHARTER. No. 786 (House Bill No. 1887). AN ACT To amend an Act granting a new charter to the City of Dawsonville, approved April 6, 1967 (Ga. L. 1967, p. 2748), as amended, so as to provide a new charter for the City of Dawsonville; 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 city manager, 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, 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 other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act granting a new charter to the City of Dawsonville, approved April 6, 1967 (Ga. L. 1967, p. 2748), as amended, is amended by striking Articles I through V thereof and inserting in their place the following: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. This Act shall constitute the whole charter of the City of Dawsonville, Georgia, in the County of Dawson. The City of Dawsonville, Georgia, in the County of Dawson and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Dawsonville, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. SECTION 1.11. Corporate boundaries. The boundaries of the City of Dawsonville shall be as follows: `All that tract or parcel of land lying and being in the County of Dawson, State of Georgia, embracing and including the territory beginning at the center point of the Old Dawson County Courthouse, which is located in the center of the public square, and extending 3,000 feet in every direction from said central point.' (b) The city council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. (c) In accordance with procedures established by ordinance of the council, the city clerk shall maintain a map, a written legal description, or any combination thereof showing the current boundaries of the city to be retained permanently in the city records and to be designated as the case may be: `Map (or Description) of the Corporate Limits of the City of Dawsonville, Georgia.' Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description, and shall be made at the direction of the council. Photographic,

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typed, or other 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 1.12. Specific powers. The corporate powers of the government of the City of Dawsonville to be exercised by the city council which is 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, and 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 and to revoke such licenses; (3) To levy and collect such other taxes as may be allowed now or in the future by state law; (4) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (5) 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; (6) 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; (7) 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; (8) To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under authority of Georgia law; (9) 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,

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transportation facilities, public airports, cable television systems, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) To grant franchises or make contracts for public utilities; 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 such regulations by the Public Service Commission; (11) To lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, roads, alleys, and walkways within the corporate limits of the city; (12) To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; (13) 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, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use thereof; and for such purposes property may be acquired by condemnation under authority of Georgia law, as are or may be enacted; (14) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (15) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (16) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, transportation, or distribution of intoxication liquors, and

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the use and sale of firearms; and 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; (18) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever, by taxation or otherwise; (19) To license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (20) 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 right 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; (21) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (22) To regulate the emission of smoke or other exhaust which pollutes the air, to prevent the pollution of natural streams which flow within the corporate limits of the city, and to protect the waterbasins and watersheds from which the city's water supply is taken; (23) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (24) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (25) To provide for the collection and disposal of garbage, rubbish, refuse, and other solid waste; to regulate the collection and disposal of garbage, rubbish, refuse, and other solid waste 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; to recover and utilize resources contained in solid waste for production of energy and for other purposes; (26) To levy, fix, assess, and collect a garbage, refuse, and trash and waste collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment

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of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (27) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant or plants and sewerage systems; to levy on the users of sewers and sewerage systems a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (28) To charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (29) To define, regulate, and prohibit any act, practice, conduct, 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 city and to provide for the enforcement of such standards; (30) To define a nuisance and provide for its abatement whether on public or private property; (31) To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public, and to prescribe penalties and punishment for violations thereof; (32) 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 city, and to provide for the enforcement of such standards; (33) To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the streets, roads, drains, and squares or other public property of the city; or to provide for commitment of such persons to any county correctional institution or jail by agreement with the appropriate county officials; (34) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting an offense against the laws of the state, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (35) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of

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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; (36) 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; (37) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (38) To provide and maintain a system of pensions and retirement for officers and employees of the city; (39) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (40) 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; (41) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such departments, boards, offices, commissions, and agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (42) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (43) To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (44) To exercise the power of arrest through a duly appointed police force and to organize and operate a fire fighting agency; (45) To establish procedures for determining and proclaiming that an emergency situation exists within 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; (46) To provide comprehensive city planning for development by zoning, subdivision regulations, and the like as the city council deems

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necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (47) To organize and operate an urban redevelopment program; (48) To organize and operate such public transportation systems as are deemed beneficial; and (49) To exercise and enjoy all the 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 enumerated in this charter; 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 enumeration 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. General powers. In addition to all other powers granted in this charter, the city shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the 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 city was heretofore authorized to exercise upon the effective date of this charter. SECTION 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention of this charter to grant to the city full powers and rights to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. SECTION 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city and its officers, agencies, or employees shall be carried into execution as

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provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creations; composition; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The city council shall 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 in Article V of this charter. SECTION 2.11. Terms and qualifications of office. The members of the council shall serve for terms of four years and until their respective successors are elected and qualified. The mayor shall serve for a term of four years and until his or her successor is elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmember; (2) continues to reside within the city during his or her period of service; (3) is registered and qualified to vote in municipal elections of the City of Dawsonville; and (4) meets any requirements imposed under Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' or other general laws of this state. SECTION 2.12. Vacancy; forfeiture of office; filling of vacancies. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.

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SECTION 2.13. Compensation and expenses. (a) Beginning on the effective date of this charter, the compensation of the mayor shall be $400.00 per month and the compensation of each councilmember shall be $100.00 per month. (b) In the event any member of the city council travels beyond the limits of the county in connection with business affairs of the city in performance of his or her duty upon such city council, he or she shall be reimbursed for all necessary expenses incurred for travel, lodging, and meals as may be authorized by city council. However, this reimbursement shall be contingent upon proper documentation of the sexpenses being provided. (c) The mayor or council shall be authorized to fix the salary, compensation, and expenses of the mayor and each member of the council in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. SECTION 2.14. Holding other offices. Except as authorized by law, no member of the council shall hold any other elected office or municipal employment in the City of Dawsonville during the term for which he or she is elected. SECTION 2.15. Conflict of interest. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties of which would tend to impair his or her independence of judgment or action in the performance of his or her 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 or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is 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, thing, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, 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 city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or 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 shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he 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 city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the city council. (e) (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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SECTION 2.16. Inquiries and investigations. The council may make inquiries and investigations into 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 2.17. General power and authority of the council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Dawsonville provided in Article I of this charter. (b) In addition to all other powers conferred on it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations not inconsistent with this charter or the Constitution and the laws of the State of Georgia which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health and welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Dawsonville and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violation thereof. (c) The 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 2.18. Duties of mayor. The mayor shall be the chief executive officer of the City of Dawsonville. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter except those administrative powers which are granted to the city manager under Section 3.14 of this charter. The mayor shall: (1) Preside at all meetings of the council; (2) Vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council; (3) Be the official head of the city for the service of process and for ceremonial purposes;

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(4) Have the power to administer oaths and to take affidavits; (5) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (6) See that all laws and ordinances of the city are faithfully executed; and (7) Perform other duties as may be required by law, this charter, or ordinance or as otherwise directed by the city council. SECTION 2.19. Organization meeting. The council shall meet for organization on the first Tuesday in December following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to all newly elected officials of the city as follows: `I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects observe the provisions of the charter and ordinances of the City of Dawsonville; and I will faithfully discharge the duties of (mayor or councilmember, as the case may be). So help me God.' SECTION 2.20. Mayor pro tempore. At the organization meeting described in Section 2.19 of this charter, the council shall elect one of its members to serve as mayor pro tempore for that year who shall discharge the duties and exercise the powers and authority of the mayor in the absence, disability, or disqualification of the mayor and during any vacancy in the office of mayor; provided, that his or her rights and duties as councilmember shall remain unimpaired. SECTION 2.21. Regular and special meetings. (a) The council shall hold regular meetings on the first Tuesday of each month at Dawsonville City Hall which is located off the Public Square. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or the mayor pro tempore and two councilmembers. Notice of such special meetings shall be served on all other members personally or by telephone personally, or shall be left at their residence at least 12 hours in advance of the meeting. Such notice shall not be required if the mayor

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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 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 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) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or the mayor pro tempore or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. SECTION 2.22. 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 of its proceedings, which shall be a public record. SECTION 2.23. Quorum; voting. Three councilmembers and the mayor or mayor pro tempore shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by a recorded vote of the council and shall be entered upon the minutes. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of a majority of the council present shall be required for

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the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. SECTION 2.24. Ordinance form; procedure. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be `The Council of the City of Dawsonville hereby ordains...,' and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in subsection (c) of Section 2.21 of this charter. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilmember before the same is adopted and at the same time shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.25. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance. SECTION 2.26. Codes of technical regulation. 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 2.24 of this charter for distribution and filing of copies of an 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 2.27 of this charter.

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SECTION 2.27. Signing; authenticating; recording; codificating; printing of ordinances. (a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council may provide for the preparation of a general codification of all ordinances of the city having the force and effect of law. The general codification may 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 Dawsonville, 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 respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city; shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city.

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(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided 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. (e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. SECTION 3.11. Boards, commissions, and authorities. (a) All members of boards, commissions, and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) Any vacancy in the office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or any applicable state law. (c) No member of any board, commission, or authority shall assume office until that person shall execute and file with the clerk of the city the oath prescribed in Section 3.16 of this charter. (d) Any member of any board, commission, or authority may be removed from office for cause by a two-thirds' vote of the members of the council. (e) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. The mayor and councilmembers shall be eligible to be appointed to and serve on such boards, commissions, and authorities when the council, in its discretion, determines it appropriate.

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(g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government 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 city clerk. SECTION 3.12. Personal administration. The council may, in its discretion, adopt ordinances, rules, and regulations consistent with this charter dealing with: (1) The method of employment selection and probationary periods of employment; (2) Adoption and administration of a position classification and pay plan including methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) Such other personnel policies and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city. SECTION 3.13. City clerk. The council may appoint a city clerk, who shall also serve as the city treasurer, with such compensation as shall be determined by the council. The city clerk shall keep the minutes of the proceedings of the city council, maintain in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by law or as the council may direct. SECTION 3.14. City manager; appointment; qualifications; compensation. The city council may appoint a city manager for an indefinite term and fix his or her compensation. The manager shall be appointed solely on

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the basis of his or her executive and administrative qualifications. The city manager shall serve at the pleasure of the council. The city manager shall be the chief administrative officer of the government of the City of Dawsonville and shall have such powers and duties as are vested in him or her by ordinance or as otherwise provided by the council. SECTION 3.15. City attorney. The council may appoint a city attorney and provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the council as directed; shall advise the 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 requested by the council. SECTION 3.16. Oath of officers. Before a person takes any office in the city government, he or she shall take before an officer of the state, authorized to administer oaths the following such oath or affirmation: `I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects observe the provisions of the charter and ordinances of the City of Dawsonville; and I will faithfully discharge the duties of __________. So help me God.' Said oath with the officer's jurat attached shall be written or printed and, when executed, filed with the city clerk. SECTION 3.17. Candidacy of employees and elected officials. No employee of the city shall continue in the employment of the city after being a candidate for nomination or election to any city, county, or state office. ARTICLE IV JUDICIAL BRANCH SECTION 4.1. Creation of municipal court; name. There shall be a court to be known as the `Municipal Court of the City of Dawsonville.'

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SECTION 4.2. Mayor or mayor pro tempore; court personnel. (a) The mayor or mayor pro tempore shall be authorized to hold municipal court in said city for the trial and punishment of violators of the ordinances of said city. The mayor pro tempore shall be authorized to act in the absence of or in the event of the disqualification of the mayor. (b) The city clerk shall perform the duties of clerk of the municipal court, and, when required, the city attorney shall serve as prosecutor in said court. The city council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court. SECTION 4.3. Convening. (a) The municipal court shall convene at regular intervals as provided by ordinance. (b) The municipal court shall try and punish for violations of all city ordinances. (c) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or ten days in jail, or both, in the discretion of the court. (d) The municipal court may fix punishment for offenses within its jurisdiction in accordance with Georgia laws, as currently existing or amended. (e) 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. (f) 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 mayor or mayor pro tempore presiding at such time and an 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

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cash so deposited shall be on order of the mayor 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 name and to the same extent as a lien for city property taxes. (g) 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. (h) 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. (i) The municipal court may compel the presence of all persons necessary for proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by general state law. (j) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the city granted by general state laws to municipal courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.4. Appeal; certiorari. Any person convicted in municipal court shall have the right to apply for a writ of certiorari to the Superior Court of Dawson County in accordance with the provisions of Title 5 of the O.C.G.A., relating to certiorari, as now or hereafter amended. SECTION 4.5. Rules for court. With the approval of the city council, the mayor 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 for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. SECTION 4.6. Appointment of counsel for indigent. The city council shall provide by ordinance for appointment of counsel for indigents or others, as now or hereafter required by law, and said

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ordinance shall provide for compensation to be paid to council so appointed. The mayor shall appoint counsel in such cases from among the attorneys at law residing in the county and those counties adjoining the county or from among those attorneys at law who have previously consented to serve as appointed counsel in such court. SECTION 4.7. Appointment of judge of the municipal court by mayor and council. The mayor and council may appoint an individual to serve as judge of the municipal court and delegate to him or her all duties and authority of that office as provided in this article. In the event of the appointment of a judge of the municipal court as provided in this section, the compensation of such judge shall be as determined by the mayor and council. SECTION 4.8. Contracting of law enforcement service; suspension of municipal court. In the event the council enters into a contract with any other political subdivision whereby such political subdivision shall provide law enforcement services on behalf of the City of Dawsonville, then the municipal court need not be appointed or utilized, and the operation of the municipal court may be suspended during the term of such contract in such manner and pursuant to such conditions as the council shall determine. ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law. All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' SECTION 5.11. Regular elections. (a) The general municipal election for the city shall be conducted on the Tuesday next following the first Monday in November, 1997, and on such day biennially thereafter. (b) The two councilmembers who were elected to such offices at the general municipal election in 1993, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office

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which expire December 31, 1997, and upon the election and qualification of their respective successors. (c) The mayor and two councilmembers who were elected to such offices at the general municipal election in 1995, and any person selected to fill a vacancy in such office, shall continue to serve out their terms of office which expire December 31, 1999, and upon the election and qualification of their respective successors. (d) Successors to the mayor and each councilmember whose term of office expires as provided in subsection (c) or (d) of this section, and all future successors to the mayor and councilmembers whose terms of office are to expire, shall be elected at the general municipal election immediately preceding the expiration of such terms and shall take office on the first day of January immediately following that election for terms of office of four years each and until their respective successors are elected and qualified. Persons so elected shall take the oath of office on the first Tuesday in December immediately following their election as provided in Section 2.19 of this charter. (e) The mayor and each councilmember shall be elected by the electors voting in the entire city at large and not from wards or any other district comprising less than the entire area of the city. Each elector shall be entitled to vote for one candidate for each municipal office which is to be filled at any election. At the general municipal election conducted in 1997 and every four years thereafter, the two candidates who receive the highest number of votes cast for the two offices of councilmembers which are to be filled at such election shall be the persons elected to those offices. At the general municipal election conducted in 1999 and every four years thereafter, the candidate who receives the highest number of votes cast for mayor shall be the person elected to that office and the two candidates who receive the highest number of votes cast for the two offices of councilmembers which are to be filled at such election shall be the persons elected to those offices. (f) Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. SECTION 5.12. Applicability of general laws. The procedures and requirements for election of all elected officials of the City of Dawsonville as to special and general elections shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Muicipal Election Code.' SECTION 5.13. Special elections; vacancies. In the event of a vacancy in office of the mayor or councilmember, the council shall appoint a qualified person to fill such vacancy for the

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remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for 15 days, the mayor, or mayor pro tempore in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members, including the mayor, so appointed holding office; and if a vacancy occurs with two members so appointed on the council, a special election shall be held in accordance with the applicable provisions of this charter and Chapter 3 of Title 21, the `Georgia Municipal Election Code.' SECTION 5.14. Rules and regulations for elections. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' SECTION 5.15. Removal of officers. The mayor or any councilmember shall be subject to removal from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Willful violation of any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by law. SECTION 5.16. Procedure for removal. Removal of an elected officer from office may be accomplished by one of the following methods: (1) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such 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 from the service of such written notice. Any elected officer sought to be removed from office as provided in this chapter shall have the right to appeal the decision of the council

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to the Superior Court of Dawson 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 Dawson County following a hearing on a complaint seeking such removal brought by a resident of the City of Dawsonville. ARTICLE VI FINANCIAL AND FISCAL MATTERS SECTION 6.10. Property taxes. 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, providing governmental services, the repayment of principal and interest on general obligations; and any other public purpose as determined by the council in its discretion. SECTION 6.11. Millage rates; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and in what length of time those taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum and may authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling 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 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

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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 state law in such a way as to preclude city regulation. Such fees, if unpaid, shall be collected as provided in Section 6.18 of this charter. The 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, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer services rendered both inside and outside the corporate limits of the city. If unpaid, said sewer service charge shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have power 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 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. The city council shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the 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 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.fa.'s, creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the 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 6.20. 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. Any short-term loan obtained by the city must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law. SECTION 6.22. Fiscal year. The fiscal year of the city government shall begin on the first day of January and shall end on the last day of December of each year, but a different fiscal year may be fixed by ordinance. SECTION 6.23. Action by city council on budget. (a) The city council shall adopt and may thereafter amend an annual budget, except that the budget as finally adopted and amended must

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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 resolution, shall adopt the final budget for the ensuing fiscal year not later than the first day of the fiscal year. (c) The amount set out in the adopted budget of each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrace created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the city council. SECTION 6.24. Tax levies. As the next order of business following adoption of the budget, the city council by ordinance shall levy 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 operating budget and for defraying the expenses of the general government of this city. SECTION 6.25. Changes in appropriations. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose. SECTION 6.26. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant elected by the city council. The audit shall be conducted according to generally accepted auditing standards. Any audit of any funds by the state and federal governments may be accepted as satisfying the requirements of this section. SECTION 6.27. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon the adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city in the property is of no readily ascertainable monetary value. ARTICLE VII GENERAL PROVISIONS SECTION 7.1. Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks and playgrounds, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside corporate limits of the city; to regulate the use thereof; and for such purposes property may be acquired under Title 36 of the O.C.G.A., relating to eminent domain, as now or hereafter amended, or under any other applicable laws presently in effect or enacted in the future. SECTION 7.2. Official bonds. The officers and employees of the city, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require or as may be required by state law. SECTION 7.3. Prior ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.4. 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

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necessarily dependent upon the part or parts 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 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 1996 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Dawsonville, approved April 6, 1967 (Ga. L. 1967, p. 2748), as amended; and for other purposes. This 19th day of February, 1996. Representative Clint Smith 19th District 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 Dawson County Advertiser, which is the official organ of Dawson County, on the following date: February 22, 1996. /s/ Clint Smith Representative, 19th District Sworn to and subscribed before me, this 7th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. COBB COUNTY STATE COURT; CHIEF JUDGE AND JUDGES. No. 787 (House Bill No. 1888). 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 certain provisions relating to the chief judge and judges of the state court; to provide for a statement of intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, 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 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 liasion 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., and inserting in lieu thereof the following: The judges of the State Court of Cobb County shall, during the month of July of each odd-numbered calendar year, by a vote of a majority of them, elect from among the judges of division one of said court a chief judge of the State Court of Cobb County to serve a two-year term, beginning October 1 of each odd-numbered calendar year. A vote of the majority of the judges of said court shall be required to fill any vacancy occurring in the office of chief judge. Any such vacancy shall be filled for the remainder of the unexpired term within 30 days after it occurs by majority vote as set out in this paragraph. Until such time as a chief judge is elected pursuant to this paragraph and whenever the position of chief judge is vacant for any reason, the judge of division one of the state court who shall be senior in length of continuous service as a judge of division one of said court shall be ex officio chief judge. In the event that two or more judges shall be equal in such seniority and in the event that two or

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more judges shall be equal in such seniority within a division of the court, said seniority shall be determined according to length of service of said judge on the state court as a whole. In the event that two or more judges shall be equal in such seniority on the court as a whole, then the judge who was first admitted to the State Bar of Georgia shall be such chief judge. Upon the failure of a majority of the judges of said court to agree on the administration and the expeditious disposition of the business of the court, the chief judge shall have the power and responsibility to take such action as he or she shall deem necessary or proper for such purpose, but not in conflict with the general laws of this state or the uniform rules of this state, which action, when entered on the minutes of said court, shall be binding upon the other judges of said circuit. Such chief judge may make appointments authorized by law and may from time to time require reports from the clerk of said court, the solicitor general of said court, and the sheriff of Cobb County relative to business pending before said court, including but not limited to issues involving the jail population. The chief judge of the State Court of Cobb County shall receive as additional compensation $2,800.00 per annum. When matters are to be determined among the various judges according to seniority, in matters not affecting the designation of chief judge, then in all such instances said seniority shall be determined within the two divisions of the court according to length of service of said judge in said division of the court. In the event that two or more judges shall be equal in such seniority within a division of the court, seniority shall be determined according to length of service of said judge on the state court as a whole. In the event that two or more judges shall be equal in such seniority on the court as a whole, then the judge who was first admitted to the State Bar of Georgia shall be considered senior. SECTION 2. Said Act is further amended by striking from Section 23 of Part 1 the following: The salary of the judges of Division I of the State Court of Cobb County shall be $85,975.00 per annum., and inserting in lieu thereof the following: The salary of the judges of Division I of the State Court of Cobb County shall be $89,574.00 per annum. SECTION 3. Said Act is further amended by striking from Section 23 the following:

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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., and inserting in lieu thereof the following: The clerk of the State Court of Cobb County shall receive an annual salary of $61,994.07, payable in equal monthly installments from the funds of Cobb County. SECTION 4. 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 $49,845.54 per annum to be paid in equal monthly installments from funds of Cobb County. SECTION 5. Said Act is further amended by striking subsection (a) of Section 2-3 of Part 2 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The salary of each associate judge shall be $68,255.20 per annum to be paid in equal monthly installments from the funds of Cobb County. The associate judges are designated as full-time judges and may not engage in the private practice of law. SECTION 6. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of state court judges provided by the statutes of the State of Georgia. 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 1996 session of the General Assembly of Georgia a bill to amend 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 12th day of January, 1996. Cobb County Delegation
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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 19, 1996. /s/ John J. Wiles Representative, 34th District Sworn to and subscribed before me, this 8th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF SYCAMORE NEW CHARTER. No. 788 (House Bill No. 1898). AN ACT To provide a new charter for the City of Sycamore; 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 City of Sycamore, in Turner 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 Sycamore, 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 city hall and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Sycamore, 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 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

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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 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

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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 the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to 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; 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) 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 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;

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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 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 such powers are 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 punishments for violations 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 the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any 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) Taxesad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxesother. 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 execute all powers granted in this charter as fully and completely as if such powers were fully stated in this

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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; provided, however, that 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 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 members of the city council for a period of time as provided in Code Section 45-2-1 of the O.C.G.A.; 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) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office

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in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Upon the suspension from the 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 or 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 or 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, 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 as applicable now or as provided in the future. SECTION 2.18. Organizational meetings. The city council shall hold an organizational meeting on the second Thursday in January of each year following the year in which an election is held. 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 members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.

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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 the 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 members of the council shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact the 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 Sycamore 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

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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 or mayor pro tempore 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 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 2.22 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.

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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 Sycamore, 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 O.C.G.A. 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. 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 and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. SECTION 2.29. 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

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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 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. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. SECTION 3.11. Boards, 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 the 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

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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 three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 general 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 nominate and the city council shall confirm and appoint a city attorney 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 at the option of the council 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 nominate and the city council shall confirm and appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal; maintain the city council's records as 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 nominate and the city council shall confirm and 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

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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 may nominate and the city council shall confirm and appoint a city accountant to perform the duties of an accountant. SECTION 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees. The city attorney, city clerk, city treasurer, and city accountant shall receive such compensation as provided by the authority which appoints them to their respective offices. SECTION 3.17. Personnel policies. The city council may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The establishment and administration of a position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. SECTION 3.18. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant or any other positions or may assign

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the functions of any one or more of such positions to the holder or holders of any other positions. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Sycamore. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless 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 three 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.

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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 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 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.

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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 Turner 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. 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) There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12 of this charter. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election.

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SECTION 5.12. Election of councilmembers. At any municipal election, the candidate receiving the highest number of votes shall fill the lowest numbered post to be filled at that election; the candidate receiving the second highest number of votes shall fill the next lowest numbered post to be filled at that election; and if applicable, the candidate receiving the third highest number of votes shall fill the third lowest numbered post to be filled at that election. SECTION 5.13. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 24 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.14. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations 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 5.15. 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

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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 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

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

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SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time 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. 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 O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a

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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 June 30 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. 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.

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SECTION 6.27. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular 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 30 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 June 30 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by 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;

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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; 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 may 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 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 the 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

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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. First election under this charter. The mayor and councilmembers serving on the effective date of this Act shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. The successors to the mayor and three councilmembers whose terms expire on December 31, 1997, shall be elected at the municipal election held on the Tuesday next following the first Monday in November, 1997, and quadrennially thereafter. Two councilmembers shall be elected at the municipal election held on the Tuesday next following the first Monday in November in 1999 and quadrennially thereafter. Such elections shall be held in compliance with Section 5.12 of this Act and with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code. 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 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 7.14. 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.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.16. Specific repealer. An Act entitled An Act to provide and establish a new charter for the Town of Sycamore, in the County of Turner, approved August 19, 1912 (Ga. L. 1912, p. 1424), and all amendatory Acts thereto are repealed. SECTION 7.17. Effective date. This Act shall become effective on July 1, 1996. 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 OF THE INTENTION TO INTRODUCE LEGISLATION IN THE 1996 SESSION OF THE GEORGIA GENERAL ASSEMBLY FOR THE PURPOSE OF PROVIDING A NEW CHARTER FOR SYCAMORE, GEORGIA, AND TO REPEAL THE OLD CHARTER, AND AMENDMENTS THERETO AND CONFLICTING LAWS, AND FOR OTHER PURPOSES. THIS THE 5TH DAY OF MARCH, 1996 RAY HOLLAND, REPRESENTATIVE, DISTRICT 157 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 Wiregrass Farmer, which is the official organ of Turner County, on the following date: March 6, 1996. /s/ Ray Holland Representative, 157th District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. AMERICUS THEATER AND CULTURAL CENTER AUTHORITY CREATION. No. 789 (House Bill No. 1784). AN ACT To create the Americus Theater and Cultural Center Authority; to authorize the authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in Americus, Georgia, embracing buildings and facilities to be used for amusement, civic, cultural, and educational purposes, including shows, concerts, theater, and such other activities as are designed and intended to promote economic development and tourism, and to acquire, construct, and equip all property and things necessary or convenient for the purpose of such projects; to authorize the authority to renovate and operate the Rylander Theater; to confer powers and impose duties on the authority; to designate the members of the authority; to authorize the authority and the various political subdivisions of the state to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, charges, fees, and earnings of other funds of the authority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the state nor of any political subdivision thereof; to exempt the revenue bonds and the interest thereon along with all property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Declaration of need. It is declared that there exists in Americus, Georgia, a need for an authority to function without profit in developing and promoting tourism for the public good in this state and for the cultural growth, public welfare, and education of the people of Americus, Georgia, and of this state. SECTION 2. Creation of authority. There is created a public body corporate and politic to be known as the Americus Theater and Cultural Center Authority, which shall be deemed a political subdivision of the State of Georgia and a public corporation by that name. SECTION 3. Purpose. The purpose of the authority and any funds realized by said authority shall be expended for the development and promotion in Americus, Georgia, and in this state of public projects for the cultural growth, public welfare, and education of the people of Americus, Georgia, and of this state, including the acquisition and construction or renovation of a building or buildings and related facilities, which shall be declared to be public buildings, to be used for amusement, civic, cultural, or educational purposes or a combination thereof, including shows, concerts, theater, and such other activities as are designed and intended to promote economic development and tourism; and for the purchase of lands, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith. SECTION 4. Members. (a) The authority shall consist of nine members, one of whom shall be the current mayor of the City of Americus, or his or her designee, and eight of whom shall be appointed by the governing authority of the City of Americus immediately upon the effective date of this Act. The initial members shall be appointed for the following terms: (1) Mayor of the City of Americus, or his or her designee, for a term to coincide with the mayor's term of office;

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(2) Two members for a one-year term; (3) Three members for a three-year term; and (4) Three members for a four-year term. Thereafter, all appointments shall be for terms of four years, except that the appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term. Each member shall hold office until his or her successor has been appointed and qualified and shall be eligible to succeed himself or herself. All members of the authority shall be residents of Sumter County, Georgia. If any person appointed to the authority becomes a resident of another county during such person's term of office, such office shall become vacant and such vacancy shall be filled as provided in this Act. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect one of its members as chairperson and one as vice chairperson and shall elect a secretary and a treasurer, or a secretary-treasurer, who may but need not necessarily hold membership on the authority. Such officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified. (c) Five members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, but in every instance the affirmative vote of at least four members of the authority shall be required to authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. (d) The members of the authority shall not be entitled to compensation for their services but shall be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may employ professional and technical supervisors, assistants, and experts and any other agents and employees, temporary or permanent, as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and of all expenditures of every kind. SECTION 5. Public property. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of Americus, Georgia, and of this state, and that the authority is an institution of purely public charity, and all property of said authority is declared and shall in all respects be considered to be public property and

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title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is declared to be for public and governmental purposes. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of public facilities. SECTION 6. Powers. The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but not limited to, the following powers: (1) To adopt and alter a corporate seal; (2) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises and personal property necessary or convenient for its corporate purposes and to use, lease, and dispose of real and personal property in any manner it deems to be to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public; (3) To accept, receive, and administer gifts, grants, loans, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States or the State of Georgia or any agency, department, authority, or instrumentality of either upon such terms and conditions as the United States, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumer all of its property and assets; (4) To borrow money for any of its corporate purposes and to issue notes or revenue bonds payable from the earnings of the projects of the authority; to execute trust agreements or indentures; and to sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such notes or revenue bonds and to provide for the payment of the same and for the rights of the owners thereof; and to provide for foreclosure or forced sale of any property of the authority upon default either in payment of principal or of conditions pursuant to which such obligations were issued; (5) To contract with the State of Georgia and the agencies, instrumentalities, departments, and political subdivisions thereof and with private persons and corporations in such manner as the legitimate and necessary purposes of this Act shall authorize or require including

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contracts for construction and leasing, as lessor or as lessee, of projects which it causes to be erected or acquired; (6) To construct, reconstruct, acquire, equip, own, alter, renovate, repair, maintain, add to, extend, improve, operate, and manage public projects, including the renovation and operation of the Rylander Theater or the erection or acquisition, in Americus, Georgia, of other buildings, which shall be and are declared to be public buildings, to be used for amusement, civic, cultural, or educational purposes or a combination thereof, including shows, concerts, theater, and such other activities as are designed and intended to promote economic development and tourism; and to purchase lands, easements, right in lands, and franchises for the renovation or construction of such facility or facilities and related facilities for use in connection therewith. The cost of any such project may be paid in whole or in part from the proceeds of the sale of revenue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public; (7) To issue revenue bonds as authorized, defined, and provided for in this Act and in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law, in order to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, addition to, or extension of any such project; which bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest; (8) To issue revenue bonds to call, refund, or refinance in whole or in part all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the amount of such refunding bonds all interest and any call premium that may be required for the redemption and refunding of such outstanding bonds; (9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereto and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and (10) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds at a price of not more than the call price thereof and accrued interest, but bonds so purchased shall be canceled and shall not be reissued. SECTION 7. Powers under Revenue Bond Law. In addition to the foregoing powers and subject to any limitations herein contained, the authority shall have all the powers of municipalities under

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the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law, and shall have the power to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project and the placing of the same in operation. SECTION 8. Credit of state not pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of Americus, Georgia, but such bonds shall be payable solely from the rentals, revenues, and funds of the authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds, and the issuance of such bonds shall not obligate the county to levy or pledge any form of taxation whatsoever for the payment thereof or to make any appropriation for their payment, and such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this Act. SECTION 9. Legal investments. The bonds herein authorized are made securities in which all public officers and bodies of this state and all political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital, in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all political subdivisions thereof for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. SECTION 10. Contracts for use of projects. The authority may contract with any political subdivision or political subdivisions of this state for the payment of rents, fees, and charges for the use by the political subdivisions or the residents thereof of the project or projects and facilities of the authority or by the authority for the use of any public property of the political subdivision. the rentals contracted to be paid by the lessees or tenants to the authority under the contract entered into pursuant to the provisions of this Act shall constitute general

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obligations of the political subdivision, and the full faith and credit of the political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any political subdivision which shall have entered into a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of the contract include in the general revenue or appropriation measure sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event that for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations of such contract as authorized and required, which amounts shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. The fiscal officers of the political subdivision shall make such payment to the authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other. SECTION 11. Revenue bonds. The authority shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or a combination of its projects. The principal of and interest on such revenue bonds shall be payable from and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the authority within the terms of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law, except as to any limitation as to interest which may be contained therein, and the bonds may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be deposited as may be directed in the resolution or trust instrument providing for the issuance of such bonds.

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SECTION 12. Rental revenue. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the cost of which shall include all elements of cost authorized by said Revenue Bond Law, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority: (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) To pay the principal and interest on such revenue bonds as the same shall become due, including premiums, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, including all elements of cost authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law; (3) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution or trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or which may be dictated by the requirements of such resolution or trust agreement or indenture or by the need to achieve ready marketability of and low interest rates on such bonds; and (6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees, counsel, and fiscal fees. (b) The rentals shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project, and the rental contract may provide for

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the payment of rental charges during such times as the project or projects may be partially or wholly untenantable. (c) The rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any convenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees, and consent may be given for the institution of any such action. (f) The authority shall be permitted to assign any rental payments due or to become due to the authority, pursuant to any such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. SECTION 13. Sinking fund. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds were issued, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds, and such funds so pledged from whatever source received may include funds received from one or more or all sources and may be set aside at regular intervals into a sinking fund for which provision may be made in any such resolution or trust instrument, which sinking fund may be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall become due;

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(2) The principal of the bonds as the same shall mature; (3) The necessary charges of any trustee or paying agent or registrar for such bonds; and (4) Any premium upon bonds retired upon call or purchase. The use and disposition of any sinking fund may be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Except as may otherwise be provided in the resolution or trust instrument, the sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution or the trust instrument, any surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed, or delivered. SECTION 14. Form of bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the State of Georgia. SECTION 15. Trust agreement. In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company inside or outside the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the authority and any proceeds which may be derived from the disposition of any real or personal property of the authority or the proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any mortgage or encumbrance and the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the rights of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution or trust agreement or indenture

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may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds of the authority, including any proceeds derived from the disposition of any real or personal property of the authority or the proceeds of insurance carried thereon; and covenants providing for the operation, maintenance, repair, and insurance of the project may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution or trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. SECTION 16. Venue of actions; jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia shall be brought in the Superior Court of Sumter County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court, which shall have exclusive, original jurisdiction of such action. SECTION 17. Validation of bonds. All bonds of the authority shall be confirmed and validated in the Superior Court of Sumter County in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law. The petition for validation shall be brought against said authority and, in the event the payments to be made by any political subdivision under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the bonds sought to be validated, such political subdivision shall also be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such defendants. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published by the Clerk of the Superior Court of Sumter County, in which court such validation proceeding shall be initiated. Any citizen of the State of Georgia may intervene in the validation proceeding

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in accordance with the procedure prescribed in said Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time prescribed by law or, if filed, the judgment of the Superior Court of Sumter County so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive. SECTION 18. Irrevocable contract. The authority shall have perpetual existence, and, while any of the bonds issued by the authority shall remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interests and rights of the owners of such bonds, and no other authority, instrumentality, or body will be created or empowered to compete with the authority so as to affect adversely the interests and rights of the owners of such bonds. The provisions of this Act shall be for the benefit of the state, the authority, and every owner of the authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the owners of such bonds. SECTION 19. Trust funds. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as gifts, grants, or other contributions shall be deemed to be trust funds to be held and applied solely as provided in this Act, and bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the authority. SECTION 20. Construction. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. SECTION 21. Powers declared supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. The provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the Revenue Bond Law, which are not in conflict herewith shall be applicable hereto and to

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the bonds issued hereunder and to any resolution or trust instrument adopted and entered into in order to provide for the payment of such bonds and the interest thereon. All bonds issued hereunder shall be signed in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities. SECTION 22. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 23. Effective date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without such approval. SECTION 24. Repealer. All laws and parts of law in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1996 session of the general Assembly of Georgia a bill to create the Americus Theater and Cultural Center Authority; to provide for the appointment of members of such authority and their powers and duties; to provide for the acquisition of property and the construction or renovation of buildings for amusement, cultural, educational, and other purposes; to provide for the operation and maintenance of such projects; to authorize the issuance of revenue bonds to pay the cost of projects; to provide for the collecting and pledging o revenues and other funds and assets of the authority for the payment of bonds; and for other purposes. This 15th day of February, 1996. Charlotte Blanton Clerk/Treasurer City of Americus
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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 Schley County, on the following date: February 17, 1996. /s/ Jimmy Skipper Representative, 137th District Sworn to and subscribed before me, this 20th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. LINCOLN COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 792 (House Bill No. 1533). AN ACT To create a board of elections and registration for Lincoln County; to define the powers and duties of the board concerning primaries and elections; to provide a method for appointment, resignation, and removal of members of the board; to provide for qualifications and terms of members of the board; to provide for powers and duties of the board; to provide for board organization and regulation; to provide for the expenditure of public funds by the board; to relieve the election superintendent and the board of registrars of certain powers and duties; to provide for board contracts; to provide for definitions; to provide for a chair, clerical assistants, and other employees; to provide for compensation for such persons and the members of the board; 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 a board of elections and registration for Lincoln County which shall have jurisdiction over the conduct of primaries and elections in Lincoln County.

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SECTION 2. (a) The board of elections and registration shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be appointed by the grand jury of Lincoln County. The initial members of said board shall be appointed as follows by the grand jury in session at the time of approval of this Act by the Governor: one member shall be appointed from a list of three nominees submitted by the Democratic Party of Lincoln County; one member shall be appointed from a list of three nominees submitted by the Republican Party of Lincoln County; one member shall be appointed from a list of three nominees submitted by the Board of Commissioners of Lincoln County; one member shall be appointed from a list of three nominees submitted by the city council of Lincolnton; and one member shall be appointed from a list of three nominees submitted by the Board of Education of Lincoln County. Succeeding members of said board shall be appointed by the last regularly scheduled grand jury convening preceding the date on which such member is to take office. (b) Initial appointments to the Lincoln 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, 1996; thereafter, appointees to the board shall serve for four-year terms. All appointees shall serve until the appointment and qualification of their respective successors. (c) Subsequent boards shall be composed of members who shall be appointed in the manner described in subsection (a) of this section for the appointment of initial members and shall serve for terms of office of four years each 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. (d) The board shall take no action until all members have been certified to the clerk of the superior court. SECTION 3. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. SECTION 4. The appointment of each member of the board shall be made as a part of the presentment returned by the grand jury making said appointment. Said presentment shall state the name and residential address of the person appointed. The clerk of the superior court shall certify the name of each such appointed member to the Secretary of State and provide for the

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issuance of an appropriate commission to each member of the board within the same time and in the same manner as provided by law for registrars. SECTION 5. Each member of the board shall be eligible for successive terms; provided, however, that he or she is nominated for succession by the original appointing body as provided in Section 2 of this Act and shall have the right to resign at any time by giving written notice of resignation to the judge of the superior court and to his or her original appointing body, and shall be subject to removal from the board at any time by the respective original appointing body, 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 of the board before the expiration of the term for which such member was appointed by removal, death, resignation, or otherwise, the grand jury next convening following the occurrence of the vacancy shall appoint a successor to serve the remainder of the unexpired term upon receipt of a list of three nominees from the original appointing body. The clerk of the superior court shall be notified of interim appointments and shall record and certify such appointments in the same manner as for the regular appointment of members. SECTION 7. The first members of the board under this Act shall take office immediately upon their appointment as provided in this Act. Before entering upon the duties of office, each such member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. SECTION 8. Each board of elections and registration shall: (1) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the superintendent of elections pursuant to Title 21 of the O.C.G.A., as now or hereafter amended, or any other provisions of law, or both. (2) With regard to preparation for and conduct of primaries: (A) Succeed to all the duties and powers granted to and incumbent upon the superintendent of elections by Title 21 of the O.C.G.A., as now or hereafter amended, or any other provisions of law, or both; (B) Formulate, adopt, and promulgate rules and regulations consistent with the law and the rules and regulations of the state

Page 4213

executive committee of each political party governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county board of elections and registration, poll workers properly trained, and voters 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., as amended, with regard to the conduct of primaries shall be null and void if in conflict with a valid rule or regulation of the board of elections and registration; and (C) Nothing in this Act shall be construed to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. (3) With regard to registration of electors, succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the board of registrars pursuant to Title 21 of the O.C.G.A., as now or hereafter amended, or any other provisions of law, or both. SECTION 9. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party. SECTION 10. With the consent of the governing authority, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to adequately inform and instruct electors of the county with regard to elections. SECTION 11. (a) The judge of the Probate Court of Lincoln County acting as the superintendent of elections and the county board of registrars are relieved from all powers and duties to which the board of elections and registration succeed by the provisions of this Act and shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, paper, records, and facilities of every kind pertaining to such powers and duties. The judge of the probate court shall swear in all persons elected to public office in the same manner as done prior to the effective date of this Act. (b) For the remainder of his present unexpired term of office, the probate judge incumbent on the effective date of this Act serving in the capacity of superintendent of elections shall serve as an ex-officio member of the

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board and shall continue to receive his present authorized compensation for service as superintendent of elections until the expiration of his term. (c) The judge of the Probate Court of Lincoln County acting as the superintendent of elections and the members of the county board of registrars serving in such capacity on the effective date of this Act shall continue to serve until the members of the board of elections and registration created under this Act are duly appointed and qualified. SECTION 12. (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 concerning operations and procedures of the board not provided by state law or otherwise directed by proper authority shall be by a majority of the members of the board provided a quorum of three members is present. (b) The chairperson of the board of elections and registration shall be the chief executive officer of the board of elections and registration and shall generally supervise, direct, and control the administration of the affairs of the board of elections and registration pursuant to law and duly adopted resolutions of the board of elections and registration. The board of elections and registration shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. SECTION 13. The board shall have the authority to contract with any municipality located within Lincoln County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 14. The members of the board of elections and registration shall receive no compensation for their services as such. SECTION 15. The governing authority of the county shall provide the board of elections and registration with such proper and suitable offices and supplies and with such clerical assistants and other employees as the governing authority shall deem appropriate. SECTION 16. For the purposes of this Act, the terms election, elector, political party, primary, public office, special election, and special primary

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shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., as amended, unless otherwise clearly apparent from the text of this Act; the term board means the board of elections and registration created by Section 1 of this Act; the term county means Lincoln County; and the term superior court means the superior court of Lincoln County. SECTION 17. It shall be the duty of the governing authority of Lincoln 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 18. This Act shall become effective on July 1, 1996. SECTION 19. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for a Board of Elections and Registration for Lincoln County; to provide for matters relative thereto; and for other purposes. This 9th day of January, 1996. Representative B. Joseph Brush 112th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. Joseph Brush, who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal, which is the official organ of Lincoln County, on the following date: January 11, 1996. /s/ B. Joseph Brush Representative, 112th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996.

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DEKALB COUNTY CIVIC CENTER AUTHORITY CREATION. No. 793 (House Bill No. 1620). AN ACT To create the DeKalb County Civic Center Authority and to authorize such authority to acquire, construct, equip, maintain, and operate one or more county civic centers and the usual and convenient facilities appertaining to such undertakings and extentions 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; to provide for the membership and for the appointment of members of the authority and their terms of tenure and compensations; to authorize the authority to contract with others pertaining to the civic centers and to execute leases of such facilities and to convey title to real property in fee simple of the authority and to do all things deemed necessary or convenient for the operation of such undertaking; 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 for that purpose revenues derived from taxation; to provide that no debt of DeKalb 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 obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including, but not limited to, earnings derived from leases and income from conveyances of real property of the authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to provide for construction; to provide for conveyance of property upon dissolution; to 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 DeKalb County Civic Center Authority Act.

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SECTION 2. As used in this Act, the term: (1) Authority means the DeKalb County Civic Center Authority created in Section 3 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, equipment, 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 means and includes the acquisition, construction, equipping, maintenance, and operation of one or more county civic centers and related buildings, the usual and convenient facilities appertaining to such undertaking and extensions, and improvements of such facility; 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 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, 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, 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,

Page 4218

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 3. (a) There is created a body corporate and politic to be known as the DeKalb County Civic 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, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall be neither a state institution nor a department or agency of the state but shall be an instrumentality and 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 DeKalb County, and its legal situs or residence for the purposes of this Act shall be DeKalb 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 17 members who shall be residents of DeKalb County and who shall be appointed as follows: (1) Each member of the DeKalb County Board of Commissioners shall appoint from among the residents of his or her district one member; (2) The chief executive officer of DeKalb County shall appoint one member; (3) The chairpersons of the House and Senate DeKalb County delegation to the General Assembly shall each appoint three members, one of whom shall be a member of the respective delegation; (4) The president of the DeKalb County Chamber of Commerce shall appoint one member; (5) The president of the South DeKalb Business Association shall appoint one member; and (6) The chairperson of the DeKalb County delegation to the General Assembly House of Representatives shall appoint a chairperson. The members initially appointed by the members of the DeKalb County Board of Commissioners shall serve terms of two years, and all other

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members shall serve initial terms of four years. After expiration of the initial terms, the terms of all members shall be four years. If at the end of any term of office of any member a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until a successor is appointed. (c) 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. (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 members of the authority shall appoint a vice chairperson from among the membership. (f) Nine 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. (g) The members of the authority shall be reimbursed for all actual expenses incurred in the performance of their duties out of funds of the authority. (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 appointing authority for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation the failure to attend a majority of the regularly scheduled meetings in a calendar year. Any office so vacated shall be filled within 60 days by the appointing authority. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed. SECTION 4. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the

Page 4220

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 DeKalb County or any municipality incorporated in said county, the governing authority 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 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 compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for use of DeKalb County or any municipality in DeKalb County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to civic centers 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

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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 or any agency or instrumentality thereof; (7) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (8) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) The authority and the trustee acting under a trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created; (12) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and DeKalb County as lessee; (13) To do all things necessary or convenient to carry out the powers expressly given in this Act; and

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(14) To advise DeKalb County on land acquisition, facilities development, and other matters relative to the construction and operation of one or more civic centers. 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, the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. SECTION 6. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state. SECTION 7. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 8. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified in or required by this Act and Article 3 of Chapter 82 of Title 36, the Revenue Bond Law. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and

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need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. SECTION 9. Revenue bonds issued under the provisions of this Act shall be deemed to constitute neither a debt of the State of Georgia or DeKalb County nor a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision 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, DeKalb County and any other political subdivision contracting with the authority 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 under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. SECTION 10. The revenues, rents, and earnings derived from any particular project or projects, and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall become due;

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(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 of the authority. SECTION 12. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents, and employees of the authority when in performance of work of the authority and shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. SECTION 13. The property of the authority shall not be subject to levy and sale under legal process. SECTION 14. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of DeKalb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. SECTION 15. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the

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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, 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 the issuance of bonds under the provisions of this Act shall constitute a contract with the holders of such bonds. SECTION 17. All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority. SECTION 18. This Act and any other law enacted with reference to the DeKalb County Civic Center Authority shall be liberally construed for the accomplishment of its purposes.

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SECTION 19. The scope of the authority's operation shall be limited to the territory embraced within DeKalb 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 DeKalb 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. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to create the DeKalb County Civic Center Authority and to authorize such authority to acquire, construct, equip, maintain, and operate one or more county civic centers; to confer powers and to impose duties on the authority; to provide for the membership of the authority; to authorize the issuance of revenue bonds or obligations of the authority; to make the property of the authority exempt from taxation and assessment; to authority the issuance of refunding bonds or obligations; to provide for related matters; to provide for conflicting laws; and for other purposes. This 26th day of January, 1996. Rep. Vernon Jones GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vernon Jones, who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 1, 1996. /s/ Vernon Jones Representative, 71st District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF LAKE CITY NEW CHARTER. No. 794 (House Bill No. 1718). AN ACT To provide a new charter for the City of Lake City; to provide for reincorporation, 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 city administrator and mayor 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, 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 and pending matters; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for submission for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. The City of Lake City, in Clayton 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 Lake City, 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 Lake City, 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 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

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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 taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of regulatory fees and taxes; and to revoke such licenses after due process for failure to pay any city regulatory 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 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 and refuse; disposal; fees and taxes. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate

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the collection and disposal of the same by others; to require use of city solid waste services; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such materials; 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, taxes, and fees; (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) Penalties; jail sentences. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; 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, county jail, or municipal jail by agreement with the appropriate county or municipal officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;

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(18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, 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; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) 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; (23) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (24) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (25) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public transportation, public housing, terminals, 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 provide for urban redevelopment; to provide for public transportation; 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; (26) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

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(27) 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; (28) 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; (29) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (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 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; (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 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; (32) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;

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(33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (35) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (36) 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; (37) 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 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 four councilmembers. The city council established in this charter shall in all respects be a successor to and continuation

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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 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 the city immediately prior to the date of the election of mayor or members of the city council for a period of time as provided in Code Section 45-2-1 of the O.C.G.A.; 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) 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) 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 may 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) The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest

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and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. 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. Organizational meetings. The city council shall hold an organizational meeting on the second Monday in January following a general election. The meeting shall be called to order by the presiding officer 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 2.18. 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 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

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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 2.19. 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 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 2.20. Quorum; voting. (a) Two councilmembers plus the mayor or other presiding officer 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 and voting 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 2.21. Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be in substantially the following form: Be it and it is hereby ordained by the mayor and council of the City of Lake City, and by the authority thereof... 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

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considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy of 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 2.22. 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. 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 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 may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2.24. Codes of technical regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally 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

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regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 of this charter. 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 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 Lake City, Georgia. (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 2.26. 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 O.C.G.A. 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 2.27. 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 and be counted toward a quorum as any other councilmember; (6) Prepare and submit to the city council a recommended annual operating budget and any recommended capital budget, unless prepared by the city administrator; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. 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. City administrator; appointment; qualifications; compensation. The city council may appoint a city administrator to serve at its pleasure for an indefinite term and shall fix the city administrator's compensation. A city administrator so appointed shall perform such duties provided by this charter and as assigned by the mayor or city council. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or

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alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city administrator if an administrator is appointed or to the mayor in the absence of any administrator, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All directors shall be appointed and removed by the city council. The city administrator if an administrator is appointed, or the mayor in the absence of any administrator, may suspend or remove directors under his or her supervision for a period not to exceed ten days; provided, however, that the city council may override the city administrator's or mayor's action by a vote of three councilmembers. SECTION 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, 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.

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(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 three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 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 city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal; maintain city council's records required by this charter; and perform such other duties as may be required by the city council. The city administrator, if one is appointed, may concurrently serve as city clerk at the discretion of the city council. SECTION 3.14. City treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of

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this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city administrator, if one is appointed, or the city clerk may concurrently serve as city treasurer at the discretion of the city council. SECTION 3.15. Position classification and pay plans. The city administrator or, in the absence of any administrator, 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 3.16. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. The city council may provide for at-will employment for any or all positions. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Lake City.

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SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be 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 possesses such other qualifications as may be established by the city council. All judges shall be appointed by the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that 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 2.19 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 $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (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.

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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 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 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 with respect to 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 Clayton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful

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administration of the municipal court; provided, however, that the judge 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 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 in odd-numbered years. (b) There shall be elected two councilmembers at one election and at every other election thereafter. The remaining city council seats and the office of mayor shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this charter pursuant to Section 7.12. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party 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 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

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expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under 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 following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Clayton 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 Clayton County following a hearing on a complaint seeking such removal brought by any resident of the City of Lake City.

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ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property 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 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

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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 and taxes. The city council by ordinance shall have the power to assess and collect fees, charges, and taxes 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. 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.

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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 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. 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 may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating

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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. The city administrator, or in the absence of any administrator, the mayor, is designated as budget officer of the city. 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 budget officer 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 budget officer containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the budget officer 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 budget officer, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. 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 last day of the then current fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity. (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.

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SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.27. Changes in appropriations. The city council by ordinance 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) The budget officer may submit to the city 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 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) Where a capital improvements budget is adopted by the city council for the ensuing fiscal year, no appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the budget officer may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the budget officer'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

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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 for an amount exceeding $2,500.00 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 may 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 city administrator or mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

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ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. 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. Those persons serving as mayor and councilmembers on the effective date of the adoption of this charter shall serve out the remainder of their respective terms of office and until respective successors are elected and qualified. The first municipal election shall be on the Tuesday next following the first Monday in November, 1997, at which successors to councilmembers whose terms expire December 31, 1997, shall be elected for an initial term of four years and until respective successors are elected and qualified such that a continuing body is created. Successors to the mayor and councilmembers whose terms expire December 31, 1999, shall be elected in the municipal general election held in 1999 for an initial term of four years and until respective successors are elected and qualified. Each mayor and councilmember elected thereafter shall serve a full term as provided in Section 2.11 of this charter. 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. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof.

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(b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15. Specific repealer. An Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351), as amended, is repealed in its entirety. SECTION 7.16. Submission for approval. It shall be the duty of the governing authority of the City of Lake City 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 7.17. Effective date. This section and Section 7.16 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1996. 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 there will be introduced at the 1996 session of the General Assembly of Georgia a Bill to enact a new charter for the City of Lake City, in the county of Clayton, and to repeal the existing charter approved February 12, 1951 (Ga. L. 1951, p. 2351), as amended. A copy of this Bill is on file and will be available for inspection in the office of the City Clerk of the City of Lake City, Georgia. Steven M. Fincher, City Attorney City of Lake City, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gail M. Buckner, who, on oath, deposes and says that she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 24, 1996. /s/ Gail M. Buckner Representative, 95th District Sworn to and subscribed before me, this 14th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. TOWN OF SILOAM NEW CHARTER. No. 795 (House Bill No. 1744). AN ACT To provide a new charter for the Town of Siloam, in Greene County; to provide for the incorporation and powers of the town; to provide for corporate boundaries; to provide examples of powers; to provide for exercise of powers; to provide for a town council; to provide for councilmembers and a mayor and their election, terms of office, qualifications, compensation, expenses, oaths of office, regular and special meetings and notice thereof, rules of procedure, committees, quorum, voting, journal, and removal; to provide for vacancies and filling of vacancies; to provide for suspension from office; to prohibit holding other town office or employment and acting upon matters in which the officeholder is personally interested; to provide for inquiries, investigations, and subpoena powers; to provide for eminent domain; to provide for the form of ordinances and procedures for their introduction, adoption, rejection, authentication by signature, codification, printing, submission to the mayor, veto by the mayor, and their time and circumstances for becoming law; to provide that acts which have the force of law shall be enacted by ordinance; to provide for emergency ordinances and codes of technical regulations; to provide for the powers and duties of the mayor; to provide for the mayor's disapproval or reduction of items of appropriation, the effect thereof, and the council's overriding of such disapproval or reduction; to provide for a mayor pro tempore and the duties and powers of the mayor pro tempore; to provide for administrative and service departments and their employees; to provide for directors of such departments and their nomination, appointment, suspension, and removal; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and a town accountant; to provide for position classification, pay plans, and personnel policies; to provide for a municipal court and its judges, convening, jurisdiction, powers, and rules; to provide for certiorari from such court; to provide for concurrent terms for members of the council and mayor and the changing of terms of certain councilmembers in connection therewith; to provide for nonpartisan elections by plurality vote; to provide for special elections to fill vacancies; to provide for the time of elections and the applicability of general law; to provide for property tax, millage rates, payment methods, and due dates; to provide for occupation and business taxes, regulatory fees, franchises, service charges, special assessments, and other taxes; to provide for the collection of delinquent taxes and fees; to provide for general obligation bonds, revenue bonds, short-term loans, and a fiscal year; to provide for operating and capital budgets and their preparation, submission to the town council, amendment, and adoption; to provide for tax levies, changes in appropriations, and independent audits; to provide for contracting procedures, centralized purchasing, and sale of town property; to provide for bonds for officers and employees; to provide for transition, including prior ordinances, existing personnel and officers, and pending matters; to provide for construction and severability; to provide for an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. ARTICLE I. INCORPORATION AND POWERS SECTION 1.10. Name. This town and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style Siloam, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (1) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by 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 town hall and to be designated, as the case may be: Official Map, or Description, of the corporate limits of the Town of Siloam, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in

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all courts and shall have the same force and effect as with the original map or description. (2) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (1) This town shall have all powers possible for a town to have under the present or future Constitution and the 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. (2) 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. SECTION 1.13. Examples of powers. (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the 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 charter. (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 to expend money by the laws of the State of Georgia; and to provide for the payment of expenses of the town. (4) Business regulation and taxation. To levy and to provide for the collection of occupation and regulatory fees, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such taxes and fees. (5) Other regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges; to license and

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regulate the same; to provide for the manner and method of payment of such licenses after due process for 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 Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town. (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general laws, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations of such limits and regulations. (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 inside the corporate limits 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 granter may impose. (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (14) Jail sentences. To provide that persons given jail sentences in the town court may work out such sentences in any public works or on the

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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 the departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (17) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the town. (19) Municipal property protection. To provide for the preservation and protection of the property and equipment of the town and the administration and use of such property and equipment 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; to provide for the withdrawal of service for refusal or failure to pay the fees; to authorize the extension of such water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed inside and outside the corporate limits of the town; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the town as provided by ordinance. (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (23) Planning and zoning. To provide comprehensive town planning for development by zoning and to provide subdivision regulation and

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other regulations as the town council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire fighting agency. (25) Public hazards. 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 and parking facilities or charitable, cultural, educational, recreational, conservational, 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; and to regulate the use of public improvements. For such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted. (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as such services are 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, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and

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walkways within the corporate limits of the town; 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 any 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 locations and to charge a rental for such leases in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; 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 plan 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; 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 recyclable items. (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use 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) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation.

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(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 of such vehicles to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (40) Urban redevelopment. To organize and operate an urban redevelopment program. (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the 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; 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 town and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II. GOVERNMENT STRUCTURE SECTION 2.10. Town council creation; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by this charter.

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SECTION 2.11. Town council terms and qualifications for office. The members of the town council shall serve for terms of four years. No person shall be eligible to serve as mayor or council member unless he or she is at least 18 years of age and shall have been a resident of the town one year immediately prior to the date of the election of mayor or six months immediately prior to the date of the election of council members of the town council; each member shall continue to reside within the corporate limits of the town during his or her period of service and to be registered and qualified to vote in municipal elections of this town. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (1) Vacancies. 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 general laws of the State of Georgia. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (2) Suspension. Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the town council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided in this charter. SECTION 2.13. Compensation and expenses. The mayor and council members shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14. Holding other office; voting when personally interested. (1) Except as authorized by law, the mayor or any council member shall not hold any other town office or town employment during the term for which he or she was elected. (2) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which he or she is personally interested.

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SECTION 2.15. Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency of the town 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 town council shall be punished as provided by ordinance. SECTION 2.16. General powers and authority of the town council. Except as otherwise provided by the charter, the town council shall be vested with all the powers of government of this town as provided by Article I. SECTION 2.17. Eminent domain. The town council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof. For such purposes, property may be condemned under procedures established under general laws applicable now or as provided in the future. SECTION 2.18. Organizational meetings. The town council shall hold an organizational meeting at the first regular council meeting in the January following the municipal election. The meeting shall be called to order by the town clerk and the oath of office shall be administered to the newly elected members as follows: I __________ do solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Georgia, and the Charter and Ordinances of the City of Siloam; and that I will, to the best of my ability, faithfully perform the duties of the office of __________ during my continuance therein. SECTION 2.19. Regular and special meetings. (1) The town council shall hold regular meetings at such times and places as prescribed by ordinance.

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(2) 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 meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting unless consented to by the mayor and all members of the town council. (3) All meetings of the town council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible two days prior to such meetings. SECTION 2.20. Rules of procedure. (1) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. The rules of procedure adopted shall not expand or restrict any powers assigned by this charter to the mayor or members of the town council. (2) All committees and committee chairpersons and officers of the town council shall be appointed by the mayor and shall serve at his or her pleasure. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum; voting. The mayor and two members of the town council or, in the absence of the mayor, three council members shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of council members with a quorum present shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.22. Ordinance form; procedures. (1) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a

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subject which is not expressed in its title. The enacting clause shall be The Council of the Town of Siloam hereby ordains..., and every ordinance shall so begin. (2) An ordinance may be introduced by any council member to 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances as provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate. SECTION 2.23. Actions requiring an ordinance. Acts of the town 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 town council may convene on call of the mayor or two council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money, except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of the council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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SECTION 2.25. Codes of technical regulations. (1) 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: (A) the requirements of paragraph (2) of Section 2.22 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 (B) 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. (2) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 2.26. Signing; authenticating; recording; codification; printing. (1) 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. (2) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and 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 Siloam, 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. (3) 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 currently in effect and shall be suitable in form for incorporation in such code. The town council shall make such further arrangements as deemed desirable with the reproduction and distribution of any

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current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. He or she shall be a qualified elector of this town and shall have been a resident of this town immediately preceding election. The mayor shall continue to reside in this town during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for council members. The compensation of the mayor shall be established in the same manner as for council members. SECTION 2.28. Chief executive officer. The mayor shall be the 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. SECTION 2.29. Powers and duties of mayor. As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the town, except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Prepare and submit to the town council a recommended operating budget and recommended capital budget; (5) Submit to the town council at least once a year a statement covering the financial conditions of the town, and from time to time, such other information as the town council may request; (6) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (7) Call special meetings of the town council as provided for in paragraph (2) of Section 2.19;

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(8) Approve or disapprove ordinances as provided in Section 2.31; (9) Provide for an annual audit of all accounts of the town; (10) Require any department or agency of the town to submit written reports whenever he or she deems it expedient; and (11) Perform such other duties as may be required by law, this charter, or by ordinance. SECTION 2.30. Submission of ordinances to the mayor; veto power. (1) Every ordinance adopted by the town council shall be presented promptly by the clerk to the mayor. (2) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his or her approval or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town council through the clerk a written statement of his or her reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Ordinances vetoed by the mayor shall be presented by the clerk to the town council at its next meeting. If the town council then or at its next general meeting adopts the ordinance by an affirmative vote of all council members, it shall become law. (4) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the town council as though disapproved and shall become law unless overridden by the council as provided in subsection (3) above. SECTION 2.31. Mayor pro tempore. By a majority vote, the town council shall elect a council member 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 town council.

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ARTICLE III. ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (1) Except as otherwise provided in this charter, the town council shall by ordinance establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town and shall prescribe functions or duties and proper administrative or professional qualifications as necessary. (2) Except as otherwise provided by this charter or by general 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. (3) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (4) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his or her department or agency. (5) 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 a suspension shall not be effective for 14 calendar days following the mayor's giving written notice of such action and the reasons for such action to the director involved and to the town council. The director involved may appeal to the town council which, after a hearing, may override the mayor's action by a vote of the majority of all the council members. SECTION 3.11. Boards, commissions, and authorities. (1) 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. (2) All members of the 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

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other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by general law. (3) 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. (4) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (5) 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 general law. (6) 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 faithfully and impartially perform the duties of office, such oath to be prescribed by ordinance and administered by the mayor. (7) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of all the members of the town council. (8) Except as otherwise provided by this charter or by general 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 own members or may appoint as secretary an employee of the town. Each board may issue bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town. SECTION 3.12. Town attorney. The mayor and town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party; may be 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.

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SECTION 3.13. Town clerk. The mayor and town council shall appoint a town clerk who shall not be a council member. 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. SECTION 3.14. Town treasurer. The mayor and 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 the sale or foreclosure for nonpayment of taxes by the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. SECTION 3.15. Town accountant. The mayor and town council shall appoint a town accountant to perform the duties of an accountant. SECTION 3.16. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, no elected or appointed town officials are town employees. SECTION 3.17. Personnel policies. 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 the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;

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(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV. JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the Town of Siloam. SECTION 4.11. Chief judge; associate judge. (1) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (2) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she is at least 21 years of age and is a member of the State Bar of Georgia. All judges shall be appointed by the town council. (3) Compensation of the judges shall be fixed by ordinance. (4) Judges may be removed for cause by a majority vote of the members of the town council. Judges shall serve terms of two years commencing and ending with the first meeting of the mayor and town council held in January of each even-numbered year. (5) Before assuming office, each judge shall take an oath given by the mayor, that he or she will honestly and faithfully discharge the duties of office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required by Section 2.20. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance.

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SECTION 4.13. Jurisdiction; powers. (1) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by general law. (2) 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. (3) The municipal court may fix punishment for offenses within its jurisdiction which shall not exceed a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by general law. (4) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (5) 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, such person's bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the town or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (6) 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. (7) 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. (8) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any

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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 inside the corporate limits of the town. (9) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to mayor's, recorder's and police courts, 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 violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Greene County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. With the approval of the town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V. ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.11. Election of the town council and mayor. (1) There shall be a municipal general election quadrennially on the first Tuesday following the first Monday commencing in 1997.

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(2) Members of the council elected to four year terms in November, 1995, shall have their term of office terminate on December 31, 1997. (3) Beginning with the election to be held in November, 1997, there shall be elected the mayor and five council members. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations. SECTION 5.13. Election by plurality. The person receiving a plurality of the votes cast for any town office shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the town council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations 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 of officers. The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) By an order of the Superior Court of Greene County following a hearing on a complaint seeking such removal brought by any resident of the Town of Siloam;

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(2) By recall pursuant to Georgia law; or (3) Pursuant to the terms of general law. ARTICLE VI. FINANCE SECTION 6.10. Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The town council, by ordinance, shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general law. Such taxes may be levied on both individuals and corporations who have an office or location inside the corporate limits of the town, as provided by general law. 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. SECTION 6.13. Regulatory fees. The town council by ordinance shall have the power to require the payment of regulatory fees in accordance with general law. 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,

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telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, 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 town clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 6.15. Service charges. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and 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. SECTION 6.16. Special assessments. The town council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by general law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 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

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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. General obligation bonds. The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The town may obtain short-term loans and must repay such loans no later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Fiscal year. The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year, and the year for financial accounting and reporting of each and every office, department, agency and activity of the town government. SECTION 6.23. Preparation of budgets. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets. SECTION 6.24. Submission of operating budget to town council. On or before a date fixed by the town council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The

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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 and 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. Action by town council on budget. (1) The town council may amend the operating budget proposed by the mayor; provided, however, 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. (2) The town council by ordinance shall adopt the final operating budget for the ensuing fiscal year no later than the thirty-first day of December each year. If the town 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 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. SECTION 6.26. Tax levies. Following adoption of the operating budget, the town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this town. SECTION 6.27. Changes in appropriations. The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or at any

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special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.28. Capital improvements budget. (1) On or before the date fixed by the town council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements budget with the mayor's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have 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 constructing of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (2) The town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year no later than the thirty-first day of December of each year. No appropriation provided for in a prior capital improvement budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayor's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.29. Independent audit. There shall be an annual independent audit of all 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 governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Contracting procedures. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the town attorney and, as a matter of course, it is signed by the town attorney to indicate such drafting or review; and

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(3) It is made or authorized by the town council and such approval is entered in the town journal of proceedings pursuant to Section 2.21. SECTION 6.31. Centralized purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. SECTION 6.32. Sale of town property. (1) 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 general law. (2) The town council may quitclaim any rights the town may have in property not needed for public purposes upon a report by the mayor and the adoption of a resolution 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. (3) 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 the rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the town. All deeds and conveyances 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 elective and appointive, 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 general law.

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SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council. SECTION 7.12. First election under this charter. The first municipal election shall be the Tuesday following the first Monday in November, 1997, at which the mayor and all council members' positions shall be filled. Each council member elected thereafter shall serve a full term as provided in Section 2.11. SECTION 7.13. Existing personnel and officers. Except as specifically provided by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 365 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.14. Pending matters. Except as specifically provided 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 town agencies, personnel, or offices as may be provided by the town council. SECTION 7.15. Construction. (1) Section captions in this charter are informative only and are not to be considered as a part of the charter. (2) The word shall is mandatory and the word may is permissive. (3) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.16. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity

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or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.17. Effective date. This charter shall become effective on July 1, 1996. SECTION 7.18. Specific repealer. An Act incorporating the Town of Siloam in Greene County, Georgia by the superior court of Greene County, Georgia, on August 29, 1910, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. SECTION 7.19. General repealer. All laws and parts of laws in conflict with this charter are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Siloam, in Greene County, Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. This 5 day of February, 1996. Honorable R. M. Channell Representative, 111th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. M. 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

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the Herald Journal, which is the official organ of Greene County, on the following date: February 9, 1996. /s/ R. M. Channell Representative, 111th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. CITY OF BELLVILLE NEW CHARTER. No. 796 (House Bill No. 1768). AN ACT To reincorporate the City of Bellville; to provide a new charter; to provide for corporate boundaries and maps thereof; to provide for powers and the exercise of powers; to provide for construction; to provide for a city council and for the members and their terms of office, qualifications, residence, vacancies, compensation, expenses, regular and special meetings, oaths, rules, journal, committees, chairpersons and officers, quorum, and voting; to prohibit holding any other city office and acting upon matters in which a councilmember or the mayor is financially interested; to provide for inquiries, investigations, and subpoena power; to provide for eminent domain; to provide for the form of ordinances and procedures related thereto; to provide for emergency ordinances; to provide for the adoption of codes of technical regulations; to provide for the authentication, codification, and printing of ordinances; to provide for a mayor and such official's election, term of office, qualifications, residence, compensation, powers, duties, veto power; to provide for a mayor pro tempore and such official's selection and duties; to provide for administrative and service departments and the directors thereof and such directors' appointment, compensation, responsibilities, nomination, removal, and suspension; to provide for boards, commissions, and authorities and their creation, composition, duties, powers, and their members' appointment, compensation, expenses, oaths, removal, officers, and bylaws; to provide for a city attorney, city clerk, position classifications, pay plans, and personnel policies; to provide for a municipal court and its convening, jurisdiction, powers, fees, bails, warrants, certiorari, rules, and regulations; to provide for judges and their qualifications, appointment, compensation, removal, and oaths; to provide for nonpartisan election by plurality and the time for holding elections; to provide for the applicability of general law to elections; to provide for special elections to fill vacancies; to provide for exceptions; to provide for removal of officers; to provide for property taxes, occupation and business taxes, regulatory fees, and permits; to provide for the millage rate, due dates, and methods of payment; to provide for franchises, service charges, special assessments, and other taxes and fees; to provide for the collection of delinquent taxes and fees; to provide for general obligation bonds, revenue bonds, and short-term loans; to provide for lease-purchase contracts; to provide for a fiscal year; to provide for operating and capital budgets and their preparation, submission, amendment, and adoption; to provide for tax levies, changes in appropriations, and independent audits; to provide for contracting procedures, centralized purchasing, and the sale and lease of city property; to provide for bonds for officials; to provide for transition, including existing ordinances and regulations, existing employees and officers, and pending matters; to provide for construction and severability; to repeal the previous charter; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: CITY OF BELLVILLE CHARTER 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 corporate under the name and style City of Bellville, 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 maps, written descriptions, 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 of the corporate limits of the City of Bellville, Georgia. Photographic, typed, or order copies of such map or description certified by the City of Bellville shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

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(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 original 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. 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 power of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.13. Examples of powers. (1) 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 ordinance enacted under this charter; (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 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, electric, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (4) Business regulations 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

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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 and 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 state 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; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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 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;

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(13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentence. 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 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 the 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, cable television and other telecommunications, transportation facilities, public airports, and other public utilities; 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; (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;

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(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 esthetically pleasing community; (23) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire fighting agency; (24) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (25) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (26) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (27) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (28) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public services 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 regulations of the Public Service Commission; (29) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (30) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (31) Roadways. To lay out, open, extend, widen, narrow, establish, change the grade of, abandon or close, construct, pave, curb, gutter,

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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 to curb or street, and to impose penalties for failure to do so; (32) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on real estate owners 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; (33) 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; (34) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (35) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (36) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (37) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (38) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators of such vehicles to be licensed; to require public liability insurance on

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such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (39) Urban redevelopment. To organize and operate an urban redevelopment program; and (40) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary 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 in this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II Governmental 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 three 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. Mayor or city council terms and qualifications for office. The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No

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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 mayor or members of the council; each shall continue to reside within the city during that member'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. (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 by Council if less than 12 months remains in the unexpired term. Otherwise a 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 Official Code of Georgia Annotated, or other such laws as 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. 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 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 of the city, and for this

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purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. SECTION 2.16. General power and authority of the city council. Except as otherwise provided by 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 hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, cable 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. 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. 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 two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present

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when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible 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 council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum: voting. The mayor or mayor pro tempore and two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of two councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. SECTION 2.22. Ordinance form; procedures. (a) Every proposed ordinance shall 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 Bellville 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 as

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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 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 the 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 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 reasonably 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 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereof 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 Bellville, 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 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 a successor is elected and qualified. The mayor shall be a qualified elector of

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this city and shall have been a resident of the city 12 months preceding 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 2.28. Chief executive officer. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power 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; (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 law, this charter, or ordinance; and (12) Be responsible for all financial transactions.

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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 three calendar days of receipt of an ordinance, shall return it to the 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 clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the third calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overidden 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 each year. 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 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,

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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 this 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 appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and 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 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 a 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 or any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority 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 city clerk an oath

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obligating himself or herself to perform faithfully and impartially 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 two 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 city clerk. SECTION 3.12. City attorney. The city council may 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 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. 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 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

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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 Bellville. 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) 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 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.

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SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter and of 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 no more than six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for 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 the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an 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

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same authority as a magistrate of the state to issue warrants for offences 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 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 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 the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated) as now or hereafter amended. SECTION 5.11. Regular elections; time for holding. In odd-numbered years, on the Tuesday next following the first Monday in November there shall be an election for the mayor and the city council. The terms of office shall begin on January 1 following the November 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 designations.

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SECTION 5.13. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 3 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. SECTION 5.15. Other provisions. Except as otherwise provided in this charter, the city council shall, by ordinance, prescribe such rules and regulation 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 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 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 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

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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 Bellville. 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 repayments of principal and interest on general obligations, and for any other public purpose as determined by the city council at its discretion. SECTION 6.11. Millage rate; due dates; payments methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and 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. To the extent allowed by Title 48 of the Official Code of Georgia Annotated, 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

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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 uses 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 for the franchise. 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. SECTION 6.15. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.17. 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 charter shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons 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 renewable lease, purchase, or lease-purchase contracts for the acquisitions of goods, materials, real and personal

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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. 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 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. 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. 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.

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(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June 30 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing 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 encumbered 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 expense 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 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 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

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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 June 30 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 the 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 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 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 (3) 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 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.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to 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 so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII General provisions SECTION 7.10. Bonds for officials. The officers and employees of the city, both elected and appointed, shall execute such surety and 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 2.26 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 the city and their rights, privileges, and powers shall continue

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beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. 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, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. SECTION 7.16. Specific repealer. An Act incorporating the City of Bellville in the County of Evans, approved March 10, 1959 (Ga. L. 1959, pp. 2954-2963), is repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. SECTION 7.17. Effective date. This charter shall become effective on July 1, 1996.

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SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE NEW CITY OF BELLVILLE CHARTER The Mayor and Council intend to enact a new City of Bellville Charter in accordance with Georgia law. Prior to enactment by the Bellville Council, the Georgia General Assembly must ratify and approve the local legislation bill which will become effective upon its approval by the Governor or upon it becoming law without such approval. The City of Bellville and its inhabitants will be reincorporated by the enactment of this Charter to be effective July 1, 1996 and shall have perpetual succession. The public is invited to review the proposed new City of Bellville Charter at the City Hall during regular office hours. Mayor Jerry Coleman City of Bellville GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry E. 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: February 15, 1996. /s/ Terry E. Barnard Representative, 154th District Sworn to and subscribed before me, this 20th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 4, 1996. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY INTEREST ON RESERVE FUNDS. No. 806 (House Bill No. 1300). AN ACT To amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965 p. 2243), as amended, so as to change the provisions regarding the use of interest earned on certain reserve funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965 p. 2243), as amended, is amended by striking from the seventh sentence of subsection (i) of Section 25 the following: Commencing July 1, 1988, and until June 30, 1997,, and inserting in lieu thereof the following: commencing July 1, 1988, and until June 30, 2000,, so that when so amended said sentences shall read as follows: If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2000, interest earned on reserve funds set aside: (1) For rebuilding, repairing, or renovating facilities of the rapid transit system; (2) For replacing, repairing, or renovating equipment or other capital assets thereof; or (3) From the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection. SECTION 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 1996 session of the General Assembly of Georgia a bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965

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(Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act so as to provide that the interest income earned from certain reserve funds may be used to pay operating costs without limitation of time; and for other purposes. This 15th day of December, 1995. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna T. Sinkfield, who, on oath, deposes and says that she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: December 22, 1995. /s/ Georganna T. Sinkfield Representative, 57th District Sworn to and subscribed before me, this 10th day of January, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act so as to provide that the interest income earned from certain reserve funds may be used to pay operating costs without limitation of time; and for other purposes. This 15th day of December, 1995. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna T. Sinkfield, who, on oath, deposes and says that she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: December 21, 1995. /s/ Georganna T. Sinkfield Representative, 57th District Sworn to and subscribed before me, this 10th day of January, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act so as to provide that the interest income earned from certain reserve funds may be used to pay operating costs without limitation of time; and for other purposes. This 15th day of December, 1995. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna T. Sinkfield, who, on oath, deposes and says that she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the following date: December 22, 1995. /s/ Georganna T. Sinkfield Representative, 57th District Sworn to and subscribed before me, this 10th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENTION OT INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act so as to provide that the interest income earned from certain reserve funds

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may be used to pay operating costs without limitation of time; and for other purposes. This 15th day of December, 1995. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna T. Sinkfield, who, on oath, deposes and says that she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: December 20, 1995. /s/ Georganna T. Sinkfield Representative, 57th District Sworn to and subscribed before me, this 10th day of January, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, to change certain provisions of the Act so as to provide that the interest income earned from certain reserve funds may be used to pay operating costs without limitation of time; and for other purposes. This 15th day of December, 1995. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georganna T. Sinkfield, who, on oath, deposes and says that she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was

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published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: December 22, 1995. /s/ Georganna T. Sinkfield Representative, 57th District Sworn to and subscribed before me, this 10th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 8, 1996. CITY OF LITHIA SPRINGS NEW CHARTER. No. 811 (House Bill No. 1867). AN ACT To provide a new charter for the City of Lithia Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The City of Lithia Springs in Douglas County is incorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the City of Lithia Springs. References in this charter to the city or this city refer to the City of Lithia Springs. The city shall have perpetual existence. SECTION 1.11. Corporate boundaries. The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: Official Map or Description of the Corporate Limits of the City of Lithia Springs, Georgia. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the

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impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, recycling, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the

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operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the

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

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(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and

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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, including bulk sales and sales by the drink, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL SECTION 2.10. City council creation; composition; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city 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 Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election. (b) All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code.

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(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing the mayor, the City of Lithia Springs shall consist of one city-wide election district whereby the person who is running for mayor who receives the majority of votes cast shall be elected mayor. In the event that no candidate receives a majority of the votes cast, a run-off election shall be held and conducted in accordance with the ordinances of the city and Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. The five elected council slots will be determined by the top five candidates receiving the most votes city wide, thereby councilmembers shall be elected by a plurality vote. (e) On the Tuesday next following the first Monday in November, and on that day biennially thereafter, there shall be elected a mayor and five councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Section 3.11 of this charter. SECTION 2.12. Vacancies in office. (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 11 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.

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SECTION 2.14. Compensation and expenses. Compensation and expenses for the mayor and councilmembers shall be set by ordinance in accordance with Chapter 35 of Title 36 of the O.C.G.A. Compensation for the city clerk, treasurer, and city attorney shall be set by ordinance. SECTION 2.15. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of 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; (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 city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he 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 city shall disclose such private interest to the city council. The mayor or any councilmember who

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

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(1) (A) For the removal of a councilmember, by a unanimous vote of the remaining councilmembers, including the mayor, and after an investigative hearing. (B) For the removal of the mayor, by a unanimous vote of all councilmembers and after an investigative hearing. In the event a councilmember or the mayor is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Douglas 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 Douglas County following a hearing on a complaint seeking such removal brought by any resident of the City of Lithia Springs. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. SECTION 3.11. Organization. (a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws or the State of Georgia and of the United States of America. (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or

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absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council. SECTION 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meetings may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 3.14. Procedures. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee 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.

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SECTION 3.15. Voting. (a) Except as otherwise provided in subsection (b) of this section, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Lithia Springs hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.

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SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of 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 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 shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Lithia Springs, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration. SECTION 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

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(4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) Participate in the discussion of all matters brought before the city council and vote only to break a tie; (8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (12) Perform such other duties as may be required by general state law, this charter, or ordinance. SECTION 3.23. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without 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 on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of a majority plus one of the 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

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making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of 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 city 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 city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers. SECTION 4.11. Boards. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

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(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he 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 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 city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. SECTION 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. The city council may provide for the compensation of the city attorney.

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SECTION 4.13. City clerk. The city council may appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council may provide for the compensation of the city clerk. SECTION 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer. SECTION 4.15. Rules and regulations. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE V JUDICIAL BRANCH SECTION 5.10. Municipal court. The city council may establish a court to be known as the Municipal Court of the City of Lithia Springs.

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SECTION 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless 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 judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority plus one of the members of the city 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 city council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.

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(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and 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 or witnesses necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Douglas County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper

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to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage. The city council by ordinance shall have the power to establish by ordinance a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation taxes and business license fees. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.

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SECTION 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving

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any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

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SECTION 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as 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) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a

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month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall have the power to levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. SECTION 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter.

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(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council. SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by 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 3.14 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.

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(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Rules and regulations. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Charter language on other general matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.

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SECTION 7.13. Definitions and construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.14. General repealer. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE: NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia, a bill to provide for a new charter for THE CITY OF LITHIA SPRINGS, GEORGIA and for other purposes. THIS 27th day of February, 1996. CITY OF LITHIA SPRINGS GEORGIA BY: CHARLES M. MORRIS Attorney for the City of Lithia Springs, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Hembree, who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Introduce to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the following date: February 28, 1996. /s/ Bill Hembree Representative, 98th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 8, 1996.

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APPLING COUNTY PROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 880 (Senate Bill No. 603). AN ACT To amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Appling County, approved March 25, 1994 (Ga. L. 1994, p. 4150), so as to provide that such nonpartisan nomination and election of the judge of the Probate Court of Appling County shall begin with the election held in 1996; to provide 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 nonpartisan nomination and election of the judge of the Probate Court of Appling County, approved March 25, 1994 (Ga. L. 1994, p. 4150), is amended by striking in its entirety Section 2 and inserting in lieu thereof the following: 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 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 1996 session of the General Assembly of Georgia a bill to amend an Act providing for the nonpartisan nomination and election of the judge of the Probate Court of Appling County, approved March 25, 1994 (Ga. L. 1994, p. 4150); and for other purposes. This 20th day of December, 1995. Senator Edward E. Boshears 6th District
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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 Baxley News-Banner, which is the official organ of Appling County, on the following date: December 27, 1995. /s/ Edward E. Boshears Senator, 6th District Sworn to and subscribed before me, this 16th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. CLAYTON JUDICIAL CIRCUIT DISTRICT ATTORNEY; INVESTIGATORS; POWERS; QUALIFICATIONS. No. 881 (Senate Bill No. 691). AN ACT To amend an Act entitled An Act creating the Clayton Judicial Circuit, approved Febraury 16, 1956 (Ga. L. 1956, p. 95), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 326), so as to provide that the investigators employed by the district attorney's office shall have the powers of a peace officer; to provide that such persons shall be qualified as peace officers; 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 Clayton Judicial Circuit, approved February 16, 1956 (Ga. L. 1956, p. 95), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 326), is amended by striking in its entirety subsection (b) of Section 2A and inserting in lieu thereof the following: (b)(1) The district attorney may employ such additional district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be

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authorized by the board of commissioners. Such personnel shall be compensated by the county in a manner and amount fixed by the district attorney with the approval of the board of commissioners. (2) Any investigator appointed pursuant to this subsection or O.C.G.A. Section 15-18-14.1 shall meet the qualifications for certification as a peace officer as provided in O.C.G.A. Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act.' Such investigators shall exercise all powers of a peace officer including the power to make arrest and to apply for, execute, and return any warrant, rule, order, or process within Clayton County. 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 1996 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Clayton Judicial Circuit, approved February 16, 1956 (Ga. L. 1956, p. 95), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971 Ga. L. 1971, p. 326); and for other purposes. This 29th day of January, 1996. Senator Terrell Starr 44th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: February 1, 1996. /s/ Terrell Starr Senator, 44th District Sworn to and subscribed before me, this 6th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996.

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DADE COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 883 (Senate Bill No. 699). AN ACT To provide for the nonpartisan nomination and election of the judge of the Magistrate Court of Dade 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 1998 and every four years thereafter, the judge of the Magistrate Court of Dade County shall be nominated and elected by the qualified voters of Dade 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of The General Assembly of Georgia a bill to provide for the non partisan nomination and election of the Chief Magistrate of the Magistrate Court of Dade County; to provide for the requirements and procedures of the non partisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this act; to provide for related matters; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1996. Honorable Senator John C. Black, Senator 53rd District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Black, who, on oath, deposes and says that he is Senator from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Dade County Sentinel, which is the official organ of Dade County, on the following date: January 24, 1996. /s/ John Black Senator, 53rd District Sworn to and subscribed before me, this 8th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. UNION COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; APPOINTMENT; TERMS; VACANCIES. No. 884 (Senate Bill No. 723). AN ACT To provide legislative intent; to provide that the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County; to provide for terms of office and vacancies; to repeal a specific Act; 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. It is the intent of this Act to implement certain local prerogatives authorized by Chapter 10 of Title 15 of the O.C.G.A. SECTION 2. The person who is serving as judge of the Probate Court of Union County on the date this section becomes effective in 1996, or any person selected to fill a vacancy in such office, shall continue to serve as the chief magistrate of Union County until the expiration of his or her current term as probate judge, which is December 31, 1996, and until his or her successor as chief magistrate is appointed, pursuant to Section 3 of this Act, and qualified. SECTION 3. Beginning January 1, 1997, and thereafter, the chief magistrate of the Magistrate Court of Union County shall be appointed by a majority vote of

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the judges of the Superior Courts of the Enotah Judicial Circuit with the approval and concurrence of the board of commissioners of Union County. The chief magistrate shall serve for a term of office of four years which shall begin the first day of January following the expiration of the immediately preceding term. Vacancies in the office of the chief magistrate shall be filled for the unexpired term in the same manner as regular appointments. Any person appointed as chief magistrate of the Magistrate Court of Union County shall serve until the expiration of the term of office to which appointed and until a successor is appointed and qualified. SECTION 4. An Act approved March 15, 1984 (Ga. L. 1984, p. 4287), providing that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County, is repealed in its entirety. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 1996 session of the General Assembly of Georgia a bill to provide for the Chief Magistrate of the Magistrate Court of Union County, Georgia; and for other purposes. This 30th day of January, 1996. Senator S. Guy Middleton 50th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. 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

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the North Georgia News, which is the official organ of Union County, on the following date: February 7, 1996. /s/ S. Guy Middleton Senator, 50th District Sworn to and subscribed before me, this 8th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. FANNIN COUNTY BOARD OF EDUCATION; ELECTIONS; COMPENSATION; EXPENSES. No. 885 (Senate Bill No. 734). AN ACT To provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to provide for members currently in office; to provide procedures; to provide for the compensation of the members of the Board of Education of Fannin County; to provide for the reimbursement of certain expenses incurred by board members under certain conditions; to provide for the submission of this Act for approval; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Board of Education of Fannin County shall consist of five members elected at large. Any person shall be eligible for election as a member of the Board of Education of Fannin County who is a resident of Fannin County and who possesses the qualifications otherwise provided by Georgia law. The present members of the board of education shall serve out the terms for which they were elected. On December 31, 1996, the terms of office for which Anthony Walden and Larry Sutton were elected shall expire and their successors in office shall be elected as provided by law at the general election in 1996 for four-year terms to begin on January 1, 1997. The terms of office of two other members of the present board of education, Jim Sisson and Marcia Culpepper, expire on December 31, 1998, and their successors in office shall be elected as provided by law at the general election in 1998 for four-year terms to begin January 1, 1999. The term of office of the fifth board member, Lewis DeWeese, expires on

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December 31, 2000, and his successor in office shall be elected as provided by law at the general election in 2000 for a four-year term of office to begin January 1, 2001. In the event that any of the existing board members die or resign prior to the expiration of their terms of office, the vacancy so created shall be filled as provided by law. SECTION 2. Each member of the Board of Education of Fannin 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 Fannin 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 thereto. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. SECTION 3. It shall be the duty of the Board of Education of Fannin 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. 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 1996 session of the General Assembly of Georgia a bill to provide for the election of members of the Board of Education of Fannin County; to provide for terms of office; to provide for members currently in office; to provide for procedures; to provide for the members' compensation and reimbursement for certain expenses; and for other purposes. This 9th day of February, 1996. David Ralston Senator 51st District
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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 News Observer, which is the official organ of Fannin County, on the following date: February 14, 1996. /s/ David Ralston Senator, 51st District Sworn to and subscribed before me, this 15th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 9, 1996. WHITFIELD COUNTY JUVENILE CASES; JUDGE. No. 886 (Senate Bill No. 738). AN ACT To repeal an Act providing for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases, approved April 12, 1982 (Ga. L. 1982, p. 509); to provide that juvenile cases in Whitfield County may be heard either by a judge of the superior court or by one or more separately appointed judges of the juvenile courts, as authorized by the provisions of Code Section 15-11-3 of the Official Code of Georgia Annotated or any future general law; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases, approved April 12, 1982 (Ga. L. 1982, p. 509), is repealed in its entirety. SECTION 2. On and after the effective date of this Act juvenile cases in Whitfield County may be heard either by a judge of the superior court or by one or

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more separately appointed judges of the juvenile courts, as authorized by the provisions of Code Section 15-11-3 of the Official Code of Georgia Annotated or any future general law. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to repeal an Act providing for a judge of the Superior Court of Whitfield County to sit as the judge of the Juvenile Court of Whitfield County and hear juvenile cases, approved April 12, 1982 (Ga. L. 1982, p. 509); provide that juvenile cases in Whitfield County may be heard either by a judge of the superior court or by one or more separately appointed judges of the juvenile courts, as authorized by the provisions of Code Section 15-11-3 of the Official Code of Georgia Annotated or any future general law; to provide for related matters; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1996. Senator Stephen B. Farrow 54th District 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 Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News, which is the official organ of Whitfield County, on the following date: January 26, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 15th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996.

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COBB COUNTY JUVENILE COURT; JUDGES; COMPENSATION. No. 887 (Senate Bill No. 740). AN ACT To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 4014), so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 4014), is amended by striking Section 1 in its 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 $73,980.00 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 $72,480.00 to be paid in equal monthly installments from the general 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 House is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act relating to the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended; and for other purposes. This 12th day of January, 1996. Cobb County Delegatation
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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 19, 1996. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 9, 1996. CATOOSA COUNTY BOARD OF UTILITIES COMMISSIONERS; COMPENSATION. No. 888 (Senate Bill No. 782). AN ACT To amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4955), so as to change the provisions relating to the compensation of the members of the board of utilities 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 utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4955), is amended by striking from Section 2 the unnumbered paragraph which reads as follows:

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The chairman of the board shall receive as compensation the amount of $400.00 per month and all other members shall receive as compensation the amount of $300.00 per month for attending all meetings held in any month. A member of the board may be removed for just cause by a vote of the majority of the other members of the board., and inserting in lieu thereof a new unnumbered paragraph to read as follows: The chairman of the board shall receive as compensation the amount of $450.00 per month and all other members shall receive as compensation the amount of $350.00 per month for attending all meetings held in any month. A member of the board may be removed for just cause by a vote of the majority of the other members of the board. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGIS- LATION Notice is hereby given that there will be introduced at the 1996 Regular Session of the General Assembly of Georgia a Bill to amend an Act creating the Board of Utilities Commissioners of Catoosa County, Georgia approved March 17, 1956, (Ga. L. 1956, pp. 3499, et.seq.), as amended by an Act approved April 5, 1993 (Ga. L. 1993, pp. 4955, et. seq.), to provide for additional compensation for members of the Board of Utilities Commissioners of the Catoosa Utility District and for other purposes. This 15th day of January, 1996. Clifton M. Patty, Jr. Attorney for Catoosa Utilities District 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 Notice of Intention to Introduce Local Legislation was published in the

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Catoosa County News, which is the official organ of Catoosa County, on the following date: January 24, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. WALTON COUNTY SHERIFF; TAX COMMISSIONER; JUDGE OF THE PROBATE COURT; CLERK OF THE SUPERIOR COURT; CHAIRPERSON OF THE BOARD OF COMMISSIONERS; COMPENSATION. No. 889 (Senate Bill No. 784). AN ACT To amend an Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairperson of the Board of Commissioners of Walton County to reflect increases in the cost of living, approved March 23, 1977 (Ga. L. 1977, p. 3924), as amended, so as to change the base salary for such county officers; to provide that the compensation for officers elected prior to the effective date of the Act shall not be decreased; to change other provisions relating to the compensation of such county officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairperson of the Board of Commissioners of Walton County to reflect increases in the cost of living, approved March 23, 1977 (Ga. L. 1977, p. 3924), as amended, is amended by striking in its entirety subsection (a) of Section 1 and inserting in lieu thereof a new subsection (a) to read as follows: (a) `General law' means any of the following Code sections of the O.C.G.A.:

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(1) Code Section 48-5-183, providing a schedule of minimum salaries for tax collectors and tax commissioners of the various counties within the State of Georgia, as now or hereafter amended; (2) Code Sections 15-16-20 and 15-16-20.1, providing a schedule of minimum salaries for the sheriffs of the various counties within the State of Georgia, as now or hereafter amended; (3) Code Sections 15-6-88, 15-6-89, and 15-6-90, providing a schedule of minimum salaries for the clerks of the superior courts of the various counties within the State of Georgia, as now or hereafter amended; and (4) Code Sections 15-9-63, 15-9-64, 15-9-65, and 15-9-66, providing a schedule of minimum salaries for the judges of the probate courts of the various counties within the State of Georgia, as now or hereafter amended. SECTION 2. Said Act is further 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)(1)(A) On and after the effective date of this Act, each Walton County officer who is elected for the first time after January 1, 1996, shall receive an annual base salary which shall be equal to the highest minimum annual salary established by any general law for any county officer of Walton County as of the first day of January of each such year. (B) The base salary provided for a county officer in subparagraph (A) of this paragraph shall be increased by 5 percent for each four-year term of office served by the individual county officer, calculated at the end of each such period of service. (2)(A) The compensation of any Walton County officer who was elected for the first time prior to January 1, 1996, shall not be decreased below the amount of the compensation that officer was receiving on January 1, 1996. On and after the effective date of this Act, each Walton County officer who was elected for the first time prior to January 1, 1996, provided that such base salary shall be increased whenever the minimum annual salary of the sheriff is increased pursuant to paragraph (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A., and such increase shall be equal to the amount of increase or percentage of increase provided for sheriffs as calculated under the said general law. (B) The base salary provided for a county officer in subparagraph (A) of this paragraph shall be increased by 5 percent for each four-year term of office, including any unexpired term being served

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by a county officer as of January 1, 1996, served by the individual county officer, calculated at the end of each such period of service. (3) The salaries set out in this subsection shall be paid in equal monthly installments from the funds of Walton County. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairman of the Board of Commissioners of Walton County to reflect increases in the cost of living, approved March 23, 1977 (Ga. L. 1977, p. 3924); and for other purposes. This 16th day of February, 1996. A. C. Guhl Senator 45th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. 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 25, 1996. /s/ A. C. Guhl Senator, 45th District Sworn to and subscribed before me, this 5th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996.

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HANCOCK COUNTY BOARD OF COMMISSIONERS; PER DIEM ALLOWANCES. No. 890 (Senate Bill No. 786). AN ACT To amend an Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4534), so as to change the provisions relating to per diem allowances of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4534), is amended by striking paragraph (3) of subsection (c) of Section VIII and inserting in lieu thereof a new paragraph (3) to read as follows: (3) In addition to the amounts provided for in paragraph (2) of this subsection, each member of the commission, except for the chairperson, shall receive a per diem allowance of $50.00 for each day on which the board conducts official business. The chairperson shall receive a per diem allowance of $50.00 for each day on which the chairperson is outside of the county on official business. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Hancock County approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended; and for other purposes. This 1st day of February, 1996. Sen. Floyd Griffin 25th District
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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 Sparta Ishmaelite, which is the official organ of Hancock County, on the following date: February 29, 1996. /s/ Floyd L. Griffin, Jr. Senator, 25th District Sworn to and subscribed before me, this 8th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. HANCOCK COUNTY SHERIFF; PERSONNEL; COMPENSATION; BUDGETS. No. 891 (Senate Bill No. 787). AN ACT To amend an Act placing the sheriff, the judge of the probate court, and the clerk of the superior court of Hancock County on annual salaries in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4649), so as to change the provisions relating to the personnel of the sheriff and the compensation thereof; to provide for budgets; to provide for personnel policies and the adoption thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the sheriff, the judge of the probate court, and the clerk of the superior court of Hancock County on annual salaries in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended, particularly by an Act approved April 5, 1993 (Ga. L.

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1993, p. 4649), is amended by striking subsection (c) of Section 2 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The sheriff of Hancock County shall have the authority to appoint such deputies, clerks, assistants, and other personnel as said officer deems necessary to discharge efficiently and effectively the official duties of the office of the sheriff. The sheriff shall recommend to the governing authority of said county a budget for the sheriff's office including the number of such personnel needed by said office, together with the suggested compensation to be paid each employee. It shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office and to approve any increases in such compensation. It shall be within the sole power and authority of the sheriff, subject to such personnel policies as are adopted by the sheriff and the governing authority of the county, during said officer's term of office to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within said officer's sole discretion. SECTION 2. This Act shall become effective on the first day of the month following the month in which personnel policies for the sheriff's office are adopted by the sheriff and the governing authority of Hancock County. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, Judge of the Probate Court and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. Laws 1964, p. 2088), as amended; so as to revise provisions relating to the personnel of the Sheriff and the compensation of such personnel; and for other purposes. Sen. Floyd 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

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the Sparta Ishmaelite, which is the official organ of Hancock County, on the following date: February 29, 1996. /s/ Floyd L. Griffin, Jr. Senator, 25th District Sworn to and subscribed before me, this 8th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. FULTON COUNTY MAGISTRATE COURT; PART-TIME MAGISTRATES; COMPENSATION. No. 892 (House Bill No. 284). AN ACT To amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4952), so as to provide for a change in the method of compensation of part-time magistrates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4952), is amended by striking Section 2A thereof in its entirety and inserting in lieu thereof a new Section 2A to read as follows: SECTION 2A. In addition to the full-time magistrates authorized by Sections 1 and 2 of this Act, the chief judge of the State Court of Fulton County may, upon the recommendation of the chief magistrate of the magistrate court, appoint part-time magistrates from time to time to serve under the direction of the chief magistrate. Said part-time magistrates shall, when serving, exercise all the functions of magistrate. Such part-time magistrates shall be compensated in the amount of $125.00 per day. The chief judge of the State Court of Fulton County in accordance with the budget laws of Fulton County can at his or her discretion adjust such salary to a maximum of $250.00 per day.

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced at the 1995 Session of the Georgia Assembly of Georgia a bill to amend an Act providing for the appointment of Magistrates in the Magistrates' Court of Fulton County, approved March 18, 1983, Ga. L. 1983, p. 4373, as amended, and for other purposes. This 28th day of December of December, 1994. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who, on oath, deposes and says that he is Representative from the 47th 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 5, 1995. /s/ Jim Martin Representative, 47th 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 9, 1996. CITY OF LILBURN ORDINANCES; PROCEDURE FOR ADOPTION. No. 893 (House Bill No. 1344). AN ACT To amend an Act incorporating the City of Lilburn in the County of Gwinnett, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, so as to change certain procedures with respect to the consideration and adoption of city ordinances; 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 Lilburn in the County of Gwinnett, approved March 18, 1980 (Ga. L. 1980, p. 3164), as amended, is amended by striking Section 2.20 in its entirety and substituting in lieu thereof a new Section 2.20 to read as follows: SECTION 2.20. 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 which is not expressed in its title. The enacting clause shall be `The Mayor and Council of the City of Lilburn hereby ordains...' and every ordinance shall so begin. (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, except for emergency ordinances provided in Section 2.22 of this Act. Either the mayor or any councilmember or councilmembers may request that consideration of any proposed ordinance be delayed until the next regularly scheduled meeting of the governing authority. Said request need not be accompanied by any explanation or reason and shall be automatically delayed until the next regularly scheduled meeting of the governing authority without the necessity of said delay being approved or voted on by the governing authority. The delay of said consideration shall not be further postponed except by vote of the governing authority. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that legislation will be introduced at the 1996 session of the General Assembly to amend the Charter of the City of Lilburn, Georgia, so as to amend the procedure of adopting City ordinances, and for other purposes. This 22nd day of December, 1995. James W. Garner, City Attorney City of Lilburn, Georgia
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles E. Bannister, who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the following date: December 22, 1995. /s/ Charles Bannister Representative, 77th District Sworn to and subscribed before me, this 22nd day of January, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 9, 1996. CITY OF ATLANTA BOARD OF EDUCATION; REORGANIZATION; MEMBERSHIP; SCHOOL SUPERINTENDENT; PERSONNEL. No. 894 (House Bill No. 1503). AN ACT To reorganize the Board of Education of the City of Atlanta and continue the Atlanta Independent School System; to provide for the composition, terms, qualifications, election, suspension, and removal of members of the Board; to provide for election districts and reapportionment; to provide for compensation and expenses of Board members; to provide for powers, duties, and responsibilities of the Board; to provide for meetings, officers, organization, oath, rules, and quorum of the Board; to provide for vacancies; to provide for the school superintendent; to provide for a general counsel; to provide for assistants and a student member; to provide for publication requirements; to provide for the administration and certain employees of said school system; to provide for a code of ethics and prohibited practices of Board members, appointed officers, and employees; to provide for conflicts of interest; to provide for disclosures; to provide for use of public property; to provide for contracts; to provide for hearings, determinations, and penalties; to provide for revenue, taxation, and loans; to provide for yearly and other audits; to provide for budgeting and related procedures; to provide a civil service system for certain school system employees; to provide for a civil service commission; to provide for continuance of officers, employees, rules, and regulations; to provide for certain pending matters; to provide for existing rights and interests; to provide for the specific repeal of certain local Acts relating to the Board of Education of the City of Atlanta and the Atlanta Independent School System; to provide for codification; to provide for construction; to provide for definitions; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INDEPENDENT SCHOOL SYSTEM SECTION 1-101. Independent School System In accordance with the laws of the State of Georgia, the Atlanta Independent School System (hereafter at times referred to as Atlanta school system) shall be continued as an independent school system, created by the General Assembly and the provisions of this Act and preceding Acts, which shall be under the management and control of the Atlanta Board of Education. Except as provided herein, the school system and the Board shall be subject to the general laws of the state. ARTICLE II BOARD OF EDUCATION SECTION 2-101. Composition; term of office; limitation of terms. (a) The Atlanta Board of Education (hereinafter referred to as the Board) shall be composed of nine members elected in nonpartisan elections. Three members shall be elected city wide and six members shall be elected from districts as provided within this Act. (b) Members of the Board shall hold their respective offices for a term of four years and until their respective successors are elected and qualified. SECTION 2-102. Qualifications. (a) To qualify for election as a Board member, a person must: (1) Be at least 18 years of age; (2) Be a resident of the city and, if seeking to represent a Board district, be a resident of the Board district from which he or she seeks to qualify and represent for at least one year immediately preceding the date of filing a notice of candidacy to seek office; (3) Be a qualified elector of the city; and

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(4) Not be an employee of the State Department of Education or a member of the State Board of Education. (b) To hold office as a Board member, a person must: (1) Continue to possess the qualifications prescribed in subsection (a) herein; (2) Continue to reside in the Board district from which elected; (3) Not hold any other elective public office; and (4) Not be an employee of the Atlanta Board of Education or any other local board of education. SECTION 2-103. Elections; election districts; reapportionment. (a) Elections. Except as otherwise provided by this Act, regular and special elections to fill the offices of members of the Board shall be conducted in accordance with the requirements and procedures of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. Regular elections for the offices of members of the Board shall be held at the same time as the regular city elections under the Atlanta city charter. (b) Election districts. Members of the Board shall be elected from the school Board districts created and established by Appendix 1 which is made a part hereof by reference. The entire electorate of the city shall be entitled to vote in elections for the three at-large Board members who shall reside respectively in Board District Nos. 1 or 2, 3 or 4, 5 or 6. No at-large Board member may be elected from a Board district wherein another at-large incumbent member resides. The entire electorate of each Board district shall be entitled to vote for the election of a district Board member elected solely from its district. The six Board districts shall be composed respectively of contiguous paired council districts of the city as provided in Appendix 1 hereof. A numbered seat shall be designated for each at-large position and each district position on the Board. The person receiving the majority of the votes cast for each position shall be elected. (c) Those members of the Board who are serving as such on December 31, 1996, and any person selected to fill a vacancy in any such offices shall continue to serve as such members for terms of office which expire December 31, 1997, and shall continue to represent the area or district from which elected. (d) The first members of the Board constituted under this Act shall be elected at the time of the general municipal election in 1997. The members of the Board elected thereto in 1997 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2001, and upon the election

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and qualification of their respective successors. Those and all future successors to members of the Board whose terms of office are to expire shall be elected at the general municipal 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 office 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. SECTION 2-104. Organization; oath; officers; quorum; rules; voting requirements; meetings. (a) Organizational meeting; oath. At the first regular meeting of the Board in January following each regular election, the Board shall organize and take and subscribe before a judge of Superior Court the following oath of office: I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of a member of the Atlanta Board of Education during my term in office. I will not knowingly permit my vote in the election and appointment of any person to a position in the Atlanta Independent School System, or on any matter related to said school system, to be influenced by fear, favor, or affection or reward, or hope thereof. In all things pertaining to my said office, I will be governed by the public good and the interests of said school system. I will observe the provisions of the Charter and the rules and regulations of the Atlanta Board of Education. I further swear (or affirm) that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America. (b) Officers. At its first regular meeting in January of each year, the Board shall elect a president and vice president by a majority vote of its members. The president and vice president shall serve until their successors have been elected by the Board. (c) Quorum. A majority of the Board shall constitute a quorum for the transaction of business, although a smaller number may adjourn from time to time and compel the attendance of its members. (d) Rules. The Board shall adopt rules of procedure governing the transaction of its business consistent with the provisions herein and any other applicable laws. The rules of the Board shall provide for regular meetings which shall be held at least twice monthly and in accordance with the provisions of O.C.G.A. 20-2-58, as now or hereafter amended, and shall provide for any special meetings of the Board. (e) Voting requirement. (1) The affirmative vote of a majority of the members of the Board shall be required for the transaction of business or the passage of any

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resolution; provided, however, a majority of a quorum of the Board may take official action in regards to disciplinary matters related to appointed officers or employees of the Atlanta school system. (2) No member of the Board shall abstain from voting except in matters involving consideration of his or her own conduct, matters which would inure to his or her financial or personal interests, or matters which would be a conflict of interest as provided in Article 3 herein. Such Board member shall, prior to the vote being taken, publicly state during the meeting the nature of his or her interest in the matter from which he or she is abstaining from voting and shall within ten days of such abstention disclose the nature of his or her interest as a public record in a memorandum filed with the Board secretary who shall incorporate the memorandum into the minutes of the meeting. (3) If any member of the Board abstains for reasons other than those provided herein, the Board member shall publicly state during the meeting the reasons for his or her abstaining from voting and shall within ten days of such abstention disclose the reasons as a public record in a memorandum filed with the Board secretary who shall incorporate the memorandum into the minutes of the meeting. (f) Meetings. All meetings of the Board and any of its committees shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended, and any citizen shall have access to the minutes and records thereof at reasonable times. Said minutes shall include a synopsis of the discussion on every question coming before the Board and any of its committees, and the names of those Board members voting for and against each question, those abstaining, and those absent. (g) Public comment. The meetings of the Board and its committees shall provide a reasonable opportunity for the public to be heard during such meetings of the Board or its committees. The Board shall prescribe rules and regulations for the receipt of such comments from the public. SECTION 2-105. Powers, duties, and responsibilities. The Board shall: (1) Have and exercise control and management of the Atlanta school system in accordance with the provisions herein and the Constitution and general laws of the state, and the Board is hereby vested with all the powers and charged with all the duties provided to local boards of education by the general laws of the state; (2) Provide all students with textbooks and furnish educational or instructional materials, resources, and equipment adequately to such students;

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(3) Adopt by resolution rules and regulations related to the manner and method of employing, disciplining, and terminating any employees of the school system; (4) Adopt by resolution rules and procedures related to the procurement of supplies, equipment, goods, and services for the school system; (5) Adopt by resolution rules and regulations for the governance of students, including the discipline, suspension, or expulsion of students, in accordance with due process; (6) Hear appeals from actions of the superintendent of schools and other personnel; (7) Approve an annual budget for the Atlanta public school system and provide for the levy of a tax for educational purposes as provided in this Act; (8) Assign students to schools and school districts; (9) Have the authority to sue and be sued as a school district in the name of the Atlanta Independent School System; (10) Have the power to purchase, sell, rent, or lease property, both real and personal, in the name of the Atlanta Independent School System with the title to any property purchased being vested solely in the school system to the extent that such property was acquired directly by the Board through funds of the school system; (11) Have the authority to establish and maintain retirement or pension funds on behalf of employees of the school system and their beneficiaries, to be managed by a board of trustees, subject to applicable state laws; and further, in the event social security provisions become available to employees or any group of employees, to provide for the integration of such provisions with any existing or proposed retirement or pension system; (12) Have the authority to enter into contracts with any person, firm, corporation, or governmental unit or agency for the performance of educational services or the use of educational facilities; (13) Adopt rules for the manner and extent the public is permitted to use buildings under its control, which rules shall make available all such buildings which may be needed or required for voting purposes on election days, including DeKalb County elections held in the City of Atlanta portion of DeKalb County. SECTION 2-106. Salary and expenses of Board members. (a) The Board is authorized to fix its salary or compensation by resolution, provided any action to change the salary or compensation shall be subject to the following conditions and requirements:

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(1) Such action shall take into consideration any recommendation made by the City of Atlanta elected officials compensation commission as provided by Article 2, Chapter 7 of the city charter, which is hereby made a part of this Act by reference thereto; (2) Such action is taken at least six months prior to the end of the current term of office; (3) Any such increase shall not be effective until after the taking of office of those elected at the next regular municipal election which is held following the date on which the action to increase the compensation was taken; (4) Such action shall not be taken during the period of time between the date that candidates for election to membership on the Board may first qualify as such candidates and the date members of the Board take office following their election; and (5) Such action shall not be taken until notice of intent to take action has been published in a newspaper of general circulation in the county and in the city at least once a week for three consecutive weeks immediately preceding the week during which the action is taken. (b) As used in this section, the words salary or compensation shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement of expenses actually and necessarily incurred by members of the Board in carrying out their official duties. The Board is authorized to provide by resolution procedures for the reimbursement of such actual and necessary expenses. SECTION 2-107. Vacation of office; removal or suspension of Board members. (a) Immediate vacation of office. Upon the final conviction of, or the entering of a plea of guilty for, a crime involving moral turpitude, a felony, or crime involving malfeasance or misfeasance while in office, the office of such Board member shall be vacated immediately without further action. The unexpired term of office shall be filled as provided in this Act. (b) Grounds for removal. Pursuant to the provisions herein, a member of the Board shall be subject to suspension or removal from any office for any of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Failure at any time to possess any of the qualifications of office as provided within this chapter or by law; (3) Violation of the Code of Ethics and Prohibited Practices provided herein; (4) Violation of the oath of office as provided herein;

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(5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by the provisions herein or by law. (c) Procedures for removal. Removal or suspension of a Board member pursuant to subsection (b) of this section shall be accomplished by the following method: In the event a member of the Board is sought to be removed or suspended by action of the Board, an impartial panel shall conduct a hearing and render a decision on the matter. Such member sought to be suspended or removed shall be entitled to a written notice specifying the ground or grounds for removal or suspension and to a public hearing which shall be held not less that ten days after the service of such written notice. The Board shall provide by resolution for the appointment of the impartial panel and the manner in which such hearings shall be held. Any Board member sought to be removed from office as herein provided shall have the right of appeal from the decision of the Board to the Superior Court of Fulton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. SECTION 2-108. Recall of a Board member; recall election. Any member of the Board may be recalled and removed from office as provided by Chapter 4 of Title 21 of the O.C.G.A., the Recall Act of 1989, as now or hereafter amended. SECTION 2-109. Vacancies; filling of vacancies. (a) The office of a Board member 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 be hereafter enacted. (b) In the event of a vacancy occurring in the membership of the Board for any reason other than the expiration of term, that vacancy shall be filled as follows: (1) If the vacancy occurs more than one year prior to the date of a general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office by city electors at a special election; and (2) If the vacancy occurs one year or less prior to the date of the general election at which a successor will be elected to a new full term of office, the remaining members of the Board shall, by majority vote,

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select a qualified person to serve for the remainder of the unexpired term. (c) Any person elected or appointed to fill a vacancy pursuant to subsection (b) herein shall possess the same qualifications required for election to a full term of office as provided herein for any person seeking to be elected to the Board. If the office wherein the vacancy occurred is filled by election of voters from the entire city, then the special election shall be held within the entire city; but if the office wherein the vacancy occurred is filled by election of voters from a specific district, then the special election shall be held within the district. (d) When a vacancy as provided herein requires a special election, the Board shall within 15 days after the occurrence of such vacancy call a special election to fill the balance of the unexpired term of such office. (e) When a vacancy as provided herein requires an appointment by the remaining members of the Board, the Board shall appoint such person within 30 days of the date the vacancy occurs. However, if a vacancy occurs due to a resignation, the Board may appoint a successor up to 30 days prior to the effective date of the resignation subject to the appointment becoming effective on the occurrence of the vacancy. SECTION 2-110. Superintendent of schools. (a) The Board shall appoint as its executive officer a school superintendent who shall have such qualifications as provided by law. The Board shall provide the superintendent with a contract for employment for a fixed term as provided for under Code Section 20-2-101 of the O.C.G.A., as amended. (b) The superintendent shall have the power and duties assigned by the laws of the state and such other powers and duties as are assigned by this article or by the Board. (c) The superintendent need not be a resident of the city at the time of his or her appointment but during his or her term in office shall reside within the city. SECTION 2-111. General counsel for Board and school system. (a) The Board shall appoint, and remove at its pleasure, the general counsel to serve as the chief legal advisor to the Board and school system. Such appointment of the general counsel may be by contracts authorized by a majority of the Board. The general counsel shall be an active member of the State Bar of Georgia and shall have had at least ten years' experience

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in the active practice of law. The number of years' experience required herein may be waived by the Board upon a three-fourths' vote of its membership. (b) During his or her term of employment, the general counsel shall be a resident of the City of Atlanta. SECTION 2-112. Assistant to the Board. (a) The Board may appoint, and remove at its pleasure, an assistant to aid in the discharge of its official duties. It shall be the duty of the assistant to be present at all meetings of the Board, except those meetings concerned with his or her salary, benefits, or tenure, to keep the minutes and make a permanent record thereof, and to do any other administrative and clerical work as directed by the Board. The assistant shall record and countersign all official proceedings of the Board which shall be a public record open to the inspection of any person interested therein. (b) During the time of his or her employment, the assistant shall be a resident of the City of Atlanta. SECTION 2-113. Publication of performance levels and expenditures. (a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their child's or ward's performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be public records. (c) The performance level of each school, according to a recognized method or methods of testing or evaluation, shall be measured on at least an annual basis and shall be a public record. (d) The Board shall have published annually in a newspaper of general circulation in the City of Atlanta the total expenditures per student in each school and the performance of each school as provided in this section. ARTICLE III ETHICS AND PROHIBITED PRACTICES SECTION 3-101. Conflict of interest. (a) Except as otherwise provided by general law, no elected official, appointed officer or employee of the Atlanta school system or of any office, department, or agency thereof shall knowingly:

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(1) Engage in any business or transaction with or have a financial or other personal interest, direct or indirect, in the affairs of the Atlanta school system which would result in a financial benefit, except for a financial benefit of a nominal or incidental amount, to the official, appointed officer, employee, or relative of such person or which would tend to impair the independence of 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 that person's official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (3) Disclose information or use information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14, of the O.C.G.A. concerning the property, government, or affairs of the Atlanta school system or any office, department, or agency thereof, not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit, to advance his or her financial or other private interest, or advance the financial or private interest of any other person or business entity; (4) Represent private interests in any action or proceeding against the school system or any office, department, or agency thereof; (5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she, or his or her relative, has a financial interest; (6) Solicit, accept, or agree to accept gifts, loans, gratuities, discounts, payment, or service from any employee, person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the school system or any office, department, or agency thereof; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (7) Vote or otherwise participate in an appointment, employment, or promotion decision related to a relative or another person whom the public official knows or should know would create a direct or indirect monetary benefit or economic opportunity. (b) As used in this chapter, the word relative shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, any other relative living in the household of the elected official, appointed officer, or employee, a person who

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is engaged to be married to the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee. SECTION 3-102. Disclosures. (a) Any elected official, appointed officer, or employee of the school system who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the school system shall disclose such interest in writing to the Board. Any Board member who has a financial interest in any contract or matter pending before the Board shall disclose such interest, in writing, and such disclosure shall be entered on the records of the Board. The Board member also shall disqualify himself or herself from participating in any decision or vote relating thereto. (b) An elected official shall disclose publicly the identity of any relative, as defined herein, employed by the Atlanta school system, prior to January 31 each year to the assistant to the Board on such form as prescribed by the Board. SECTION 3-103. Use of public property. No elected official, appointed officer, or employee of the school system shall use property of the school system for personal benefit or profit except in accordance with policies and procedures promulgated by the Board. SECTION 3-104. Contracts voidable and rescindable. Any contract between the Atlanta school system and another party shall be voidable or rescindable at the discretion of the Board at any time if any elected official, appointed officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this article. SECTION 3-105. Hearings and determinations; penalties for violations. Elected officials, appointed officers, and employees of the school system may be punished for violation of the provisions within this article as follows:

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(1) The members of the Board shall be subject to removal from office as provided in this Act; (2) (A) Appointed officers and employees not subject to civil service or covered by the provisions of O.C.G.A. Section 20-2-940, et seq., shall have the right to request a hearing before the Board upon written charges being provided to such officer. At such hearing, the officer shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the production of relevant books and papers. If, after the hearing, the accused is found guilty as charged, he or she may be suspended or dismissed from the service of the school system by a majority vote of the members of the Board. (B) Employees covered by the provisions of O.C.G.A. Section 20-2-940, et. seq., shall be subject to suspension, dismissal, or nonrenewal in accordance with the provisions of that general law; (3) Employees subject to civil service rules, upon a violation as provided herein, shall be subject to suspension or dismissal in accordance with the provisions in Article V herein and the personnel rules and regulations adopted by the Board. ARTICLE IV REVENUE AND FINANCE Chapter 1 General Provisions SECTION 4-101. Comptroller. (a) The Board shall appoint and remove at its pleasure a comptroller, who shall serve as the chief financial officer of the school system. Such appointment of the comptroller may be by a contract authorized by a majority of the Board. Any person appointed comptroller shall give bond in an amount fixed and paid by the Board. The bond shall be made payable to the school system and shall be conditioned upon faithful and true accounting for all public and other funds and all property coming into such comptroller's custody, control, care, or possession. (b) The comptroller shall have at least ten years' of progressive experience in the management of fiscal operations or public finances, with demonstrated administrative or managerial experience in a public agency or the private sector. The number of years' experience required herein may be waived by the Board upon a three-fourths' vote of its membership. (c) During his or her term of office, the comptroller shall be a resident of the city.

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(d) The comptroller shall audit and approve all demands or claims presented to him or her for payment. Prior to the approval of any demand or claim, the comptroller shall be entitled to require evidence that the amount of the demand or claim is justly due. For such purposes, the comptroller may summon before him or her any officer or employee of the school system or other person or make an inspection of any service, labor, material, supplies, or equipment related to a demand or claim. If, in his or her opinion, any demand or claim is not a legal demand or claim, he or she shall withhold approval of the same and file such demand, together with his or her action thereon and the reasons therefor, with the Board for instructions thereon. SECTION 4-102. Taxation for educational purposes. (a) Each year the Board shall certify in writing to the Atlanta City Council a school tax, in the amount of a millage rate as determined by the Board, for the support and maintenance of the school system. In addition, the Board shall provide the council with a certified copy of its approved budget related to the requested school tax and minutes of any Board meeting approving or establishing the millage rate signed by the president and secretary. Upon the filing of the request and budget, the council shall assess, levy, and cause to be collected a school tax at the millage rate as determined by the Board upon the assessed value of all taxable property with the city. (b) A summary of the millage rate determined by the Board in the current and each of the four preceding years, including any clarifications that may be needed for full disclosure, shall be published in one or more newspapers of general circulation within the city and sent to the grand juries of Fulton County and DeKalb County then in session, the Atlanta-Fulton Public Library, and the state auditor. SECTION 4-103. Transmittal of taxes and other funds to the Board. (a) Tax commissioner. In accordance with state law, the applicable tax commissioner shall transmit to the Board any and all ad valorem taxes assessed and collected on behalf of the city for the support and maintenance of public education, less any costs related to the tax assessment and collection and the amount of any interest and sinking fund charges on outstanding general obligation bonds. (b) City of Atlanta. The City of Atlanta shall remit to the Board any funds received for the school system; such funds shall be used to maintain and expand the public school system.

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SECTION 4-104. Loans for operating expenses. (a) The Board may obtain loans for operating expenses in accordance with the laws of the state. (b) The Board may request the Atlanta City Council to negotiate loans to supply deficiencies in yearly operating expenses of the school system, during any year, in such amounts as may be determined by the Board. However, any such loan requested by the Board and negotiated by the city shall not exceed 75 percent of the anticipated tax revenue for the year levied for educational purposes. In lieu of borrowing money on behalf of the Board, the city may advance to the Board such amounts as may be required for such purposes. (c) The Board shall provide for a sum sufficient to repay the loans or advances of moneys made by the city, together with the interest thereon, to be deducted from ad valorem taxes levied and collected for educational purposes during the year in which the loan was negotiated or an advance of moneys was made by the city. (d) In order for the Board to obtain a loan or an advance as provided herein, the Board shall pass a resolution authorizing the money to be borrowed or advanced by the city, in which resolution shall be stated the amount of money to be borrowed or advanced, the length of time it is to be used, for what purpose borrowed, and from whom it is to be borrowed, which resolution shall be recorded on the minutes of the meetings of the Board. SECTION 4-105. Independent audit. (a) The Board shall cause an annual independent audit to be conducted of the books, accounts, records, fiscal procedures, and other evidences of financial transactions of the City of Atlanta school system, including its offices, departments, and other agencies. The audit shall be made by a certified public accountant or certified public accounting firm whose members have no pecuniary, financial, or personal interest, directly or indirectly, in the fiscal affairs of the school system or any other governmental agency of the city. (b) The audit may be conducted on a quarterly or continuing basis and shall be completed no later than six months after the close of the fiscal year. (c) The audit, and the opinions and recommendations of those conducting such audit, shall be available to the public at actual printing cost, provided a copy shall be kept available in the offices of the Board and the superintendent for inspection by any citizen upon request.

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(d) A special audit or examination of any office, department, or other agency of the school system may be ordered by the Board at any time. (e) A summary of the financial statement from the audit or audits shall be published in one or more newspapers of general circulation within the city and sent to the grand juries of Fulton County and DeKalb County then in session, the Atlanta-Fulton Public Library, and the state auditor. SECTION 4-106. Additional sources of revenue. In the event any additional sources of revenue shall be authorized by law for educational purposes, the Board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation of such revenues for use by the school system. Chapter 2 Budget SECTION 4-201. Budget commission; duties; fiscal year; preparation of budget. (a) Budget commission. There shall be a budget commission of the Board consisting of the president of the Board, chairperson of the Finance Committee of the Board, and two members of the Board. Every year, the two members of the Board shall be nominated by the president and confirmed by the members of the Board. The comptroller and superintendent shall serve as ex officio members of the budget commission. (b) Duties of budget commission. The budget commission shall: (1) Annually prepare and file with the Board for submission to the superintendent the anticipated revenues for the school system, provided that such anticipated revenue shall not include more than 99 percent of the normal revenues collected during the previous fiscal or calendar year, with appropriate adjustments for changes in the property digest, the millage rate, and any contractual agreement with the city. The anticipated revenues shall include also the amount of funds reasonably expected from the state, taking into consideration any projected changes in student enrollment, as well as any other definable and expected sources of general revenue. However, the budget shall reflect all anticipated revenues from each source, shall designate all of such anticipated revenues among the several funds or accounts of the system, and shall not leave any anticipated revenues undesignated. Normal revenues shall include recurring income but not proceeds from the sale of real estate or from insurance thereon or from other nonrecurring sources of revenue. When such anticipated

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revenues have been filed, they shall be binding upon the Board without any further action; (2) Allocate a sum sufficient to provide for debt service, including a sinking fund and interest on bond indebtedness, and any other appropriations required by law, which sum shall not be diverted to any other purpose; (3) In the event the income of the school system should be decreased by law, either by an act of the General Assembly or the Board, it shall be the duty of the budget commission to immediately adjust the anticipated revenues to account for such decreased revenues. In the event of a change in the millage rate or other changes in state or local law, the budget commission may revise the budgeted anticipated revenues accordingly; (4) In the event the Board receives more money, income, or revenue from any extraordinary source, either by the sale of real property, gift, grant, or otherwise, which has not been considered in the preparation of the anticipated revenues or other normal revenue in excess of appropriations, the Board shall have the right to allocate immediately such increased revenue for lawful purposes. However, during the preparation of the budget for the next year, no such extraordinary revenue shall be considered as part of the normal revenue of the Board; (5) If at any time during any year, the expenditures exceed the revenues collected and a deficit results, it shall be the duty of the Board before appropriating any other sum for any purpose other than the interest and sinking fund on bonded indebtedness to lower its estimate of anticipated revenues to immediately discharge any deficit which has accrued during the preceding year. (c) Fiscal year. The fiscal year shall begin and end as provided by law. (d) Preparation of budget. The superintendent shall prepare a proposed budget for review by the Board and the public. In doing so, the superintendent shall obtain or cause to be obtained from the comptroller and the various subordinate officers of the school system estimates of expenditures for matters within their jurisdiction in sufficient detail to prepare a program budget based on performance standards and other supporting data as may be necessary and proper. The proposed budget shall provide a complete financial plan for all operations of the school system and shall be based on performance standards. SECTION 4-202. Distribution, filing, and publication of budget. The proposed budget and all supporting data shall be filed in the offices of the superintendent and the comptroller, and shall be open to inspection by

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the public. Copies of the proposed budget and supporting data shall be made available to the public at the actual cost of duplication. SECTION 4-203. Budget hearings; adoption; publication; certification. The Board shall hold at least one public hearing to receive public input on the proposed budget. Following such hearing, the Board may review and revise the proposed budget and shall tentatively adopt a budget for the fiscal year. After its tentative adoption, a budget summary shall be advertised for two consecutive weeks prior to its final adoption in a newspaper of general circulation in the city, and a copy of the tentatively adopted budget as certified by the budget commission shall be filed in the offices of the superintendent and comptroller. At its next regular meeting or special meeting, the Board shall review the tentatively adopted budget, make any necessary changes, and adopt a final budget. A copy of the budget as finally adopted shall be submitted to the grand juries of Fulton and DeKalb counties then in session, the council of the City of Atlanta, the Atlanta-Fulton Public Library, and the state auditor. SECTION 4-204. Budgetary changes. After the final adoption of a budget for a fiscal year by the Board, the budget shall not be changed except in the manner provided herein. Any action to revise the budget shall be taken at a regular meeting. The Board shall not transfer or reallocate outstanding obligations for any other purpose(s) until such obligations are paid, but it may transfer and reallocate all other funds lawfully anticipated. Should anticipated revenue be changed by law or by a change in the millage rate or in the assessed value of property subject to taxation or by increased or decreased receipts from the state or other revenue sources, the budget commission shall, within a period of 15 days after receipt of such information, certify to the Board the revised amount of the anticipated revenues for the balance of the fiscal year. At its next regular meeting after receiving the revised amount, the Board shall adjust the anticipated revenues accordingly and revise the budget in accordance with the recommended changes. SECTION 4-205. Unlawful obligations void. The Board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.

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ARTICLE V PERSONNEL SECTION 5-101. Civil Service. (a) The Board may establish a system of civil service. The system shall cover all full-time, noncertificated employees of the school system except administrators at or above the pay level of coordinators, confidential employees within the law department, and other personnel as determined by the Board. (b) The Board shall adopt by resolution civil service rules and regulations to govern the classification of positions; the duration of eligibility lists; the manner and method of publicizing vacancies and employing, appointing, and dismissing personnel; the terms, conditions, and benefits of employment; retirement policies; disciplinary actions and grievance procedures; layoffs; and any other measures that promote the hiring and retaining of capable, diligent, honest career employees, provided that said rules and regulations shall be uniform throughout the system. SECTION 5-102. Discrimination prohibited. It shall be the policy of the school system that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, creed, religion, sex, sexual orientation, national origin, age, disability, or political affiliation. SECTION 5-103. Civil service commission. (a) Established; appointment; removal. There shall be a civil service commission consisting of five members appointed by the Board. Each member of the commission shall be a resident of the city at the time, and during the term, of appointment. The term of office of members shall be for four years and shall be staggered by the Board. Vacancies on the commission for whatever cause shall be filled by the Board for the unexpired term. Any member may be removed from office for cause by a majority vote of Board members. The Board may provide by resolution for the reimbursement of actual and necessary expenses incurred by members. (b) Powers and duties. The civil service commission shall: (1) Make such rules and regulations as necessary for the proper conduct of its business;

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(2) Hear and determine appeals initiated by employees charged with violations of the civil service rules and regulations adopted by the Board, provided that the Board may review and overrule a decision of the commission in accordance with procedures adopted by the Board; (3) Hear and determine the grievance of any person covered by the civil service rules and regulations of the school system concerning any action taken in the administration of such rules and regulations which pertains to his or her employment or employment rights, provided the Board may review and overrule a decision of the commission in accordance with procedures adopted by the Board; (4) Review and recommend amendments to the civil service rules and regulations of the school system; (5) Conduct investigations requested by the Board, superintendent, or on its own motion and report any findings to the Board and superintendent; (6) Keep minutes of its meetings and such other records as necessary; (7) Hear any matter referred by the Board; (8) Perform such other duties and responsibilities as shall be authorized by the Board or by law; and (9) Subpoena and require the attendance of witnesses and the production of books, papers, or other evidence pertinent to the appeal, hearing, or investigation and administer oaths to such witnesses. (c) Meetings. The commission shall hold meetings as needed to perform its duties but shall not meet less than once quarterly. Any meetings of the commission shall be held in the central offices of the school system. (d) Adjunct members. The Board may appoint up to five persons to serve as adjunct members of the commission and perform such duties of the commission in the absence of a member or the lack of a quorum of the regularly appointed members. (e) Board's review of commission action. The Board may establish further procedures whereby a decision of the commission may be reviewed by the Board before the same shall be deemed final and binding. SECTION 5-104. Credit preference for employment purposes. The Board may adopt by resolution a credit preference for residents of the city on their examination scores for employment as noncertificated employees with the school system.

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ARTICLE VI GENERAL PROVISIONS SECTION 6-101. Continuance of officers and employees. The current terms of office of all elected and appointed officials and officers of the Atlanta school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect. SECTION 6-102. Existing rules and regulations continued in effect. Existing rules and regulations of the Atlanta Board of Education and the Atlanta Independent School System, and departments and agencies thereof, not inconsistent with the provisions of this Act, shall be effective until they have been repealed, modified, or amended. SECTION 6-103. Pending matters. All contracts, orders, leases, bonds, and other obligations or instruments entered into by the Atlanta Board of Education for the benefit of the Atlanta Independent School System prior to the effective date of this Act shall continue in effect according to the terms thereof. SECTION 6-104. Existing rights and interests. (a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or interest in any elective public office not conferred by this Act. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this Act, shall not be affected by this Act. (c) Members of the Atlanta Board of Education shall receive as their annual salaries such amounts being received as of the effective date of this Act, until such amounts are changed in accordance with the provisions of this Act.

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SECTION 6-105. Construction. (a) The captions to the several sections of this Act are informative only and are not to be construed 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 6-106. Specific Repealer. An Act to reorganize the Board of Education of the City of Atlanta approved March 16, 1973 (Ga. Laws 1973, p. 2167) and any amendatory Acts thereto are hereby repealed in their entirety. SECTION 6-107. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect or impair the remaining portions of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held invalid, and to this end, the provisions of this Act and the applications thereof are hereby declared to be severable. SECTION 6-108. Codification of this Act. The provisions within this Act shall be codified in the portion of the charter of the City of Atlanta, Georgia, codifying related state laws. SECTION 6-109. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6-110. All laws and parts of laws in conflict with this Act are repealed. APPENDIX I The board of education districts of the City of Atlanta shall each consist of the following described territory of the Atlanta Independent School System:

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Education District No. 1 1) BEGINNING at the intersection of Moreland Avenue and Glenwood Avenue; thence west along Glenwood Avenue to the CSX Railroad right-of-way; thence north along said Railroad right-of-way to Interstate 20; thence west along Interstate 20 to Boulevard Drive; thence north along Boulevard Drive to Memorial Drive; thence west along Memorial Drive to Kelly Street; thence south along Kelly Street to Glenwood Avenue; thence west one block along Glenwood Avenue to Connally Street; thence south along Connally Street to Georgia Avenue; thence east along Georgia Avenue to Primrose Street; thence south along Primrose Street to Ormond Street; thence east along Ormond Street to Hill Street; thence south along Hill Street to its intersection with the CSX Railroad right-of-way; thence southwesterly along said Railroad right-of-way to Pryor Street; thence south along Pryor Street to Claire Drive; thence southeasterly along Claire Drive to Shadydale Avenue; thence south along Shadydale Avenue to Lakewood Avenue; thence southwesterly along Lakewood Avenue to Macon Drive; thence southerly along Macon Drive to the South River; thence southeast along the South River to the City limits line; thence north along the City limits line and Moreland Avenue to the intersection of Glenwood Avenue, which is the POINT OF BEGINNING; and 2) BEGINNING at the intersection of North Avenue and Moreland Avenue; thence west along North Avenue to Piedmont Avenue; thence north along Piedmont Avenue to 10th Street; thence west along 10th Street to Peachtree Street; thence north on Peachtree Street to 14th Street; thence west along 14th Street to State Street; thence south along State Street to Ferst Street; thence west, then south, then east along Ferst Drive to State Street, if extended; thence south along State Street, if extended, to North Avenue; thence southwest, then west along North Avenue to its intersection with Northside Drive; thence south, then southeast along Northside Drive to Simpson Street; thence east along Simpson Street to its intersection with the CSX/Southern Railroad right-of-way; thence south along said Railroad right-of-way to its intersection with Martin Luther King, Jr., Drive; thence west along Martin Luther King, Jr., Drive to Elliot Street, as extended, thence south along Elliot Street, as extended, to Nelson Street; thence southwest along Nelson Street to Walker Street; thence southwest along Walker Street to its intersection with Fair Street; then southeasterly, then east along Fair Street to Windsor Street; then south on Windsor Street to its intersection with the Southern Railroad right-of-way; thence southeasterly along said Railroad right-of-way to its intersection with the CSX Railroad right-of-way; thence northeasterly along the CSX Railroad right-of-way to Hill Street; thence north along Hill Street to Ormond Street; thence west along Ormond Street to Primrose Street; thence north along Primrose Street to Georgia Avenue; thence west along Georgia Avenue to Connally Street; thence

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north along Connally Street to Fulton Street; thence west along Fulton Street to Martin Street; thence north along Martin Street to Fulton Street; thence west along Fulton Street to Capitol Avenue; thence north along Capitol Avenue to Martin Luther King, Jr. Drive; thence northwest along Martin Luther King, Jr. Drive to Washington Street; thence northeast along Washington Street to the CSX/Georgia Railroad right-of-way; thence southeast, then northeast along said railroad right-of-way to its intersection with Moreland Avenue; thence north along Moreland Avenue to North Avenue, which is the POINT OF BEGINNING. Education District No. 2 1) BEGINNING at the intersection of North Avenue and the CSX/Southern Railroad right-of-way; thence northwesterly along saidRailroad right-of-way to the intersection of the Southern/CSX Railroad right-of-way; thence south along saidRailroad right-of-way to Proctor Creek; thence westerly along said Creek to the intersection of Proctor Creek and Francis Place; thence north along Francis Place to the intersection with Grove Park Place, thence west along Grove Park Place to the intersection with Hortense Way; thence southwest along Hortense Way to its intersection with Hortense Place; thence west along Hortense Place to the intersection of Elizabeth Place; thence south along Elizabeth Place to Baker Road; thence southwest along Baker Road to the intersection of Arlington Circle; thence north, then west, then south along Arlington Circle to the intersection at Baker Road; thence west along Baker Road to Hightower Road; thence south along Hightower Road to the CSX Railroad right-of-way; thence east along said Railroad right-of-way to its intersection with Anderson Avenue; thence south along Anderson Avenue to Martin Luther King, Jr. Drive; thence northeast along Martin Luther King, Jr. Drive to the intersect of Ashby Street; thence south along Ashby Street to the intersection of Fair Street; thence east along Fair Street to the intersection of Lawshe Street; thence north along Lawshe Street to Parsons Street; thence east on Parsons Street to Elm Street; thence south on Elm Street to Fair Street; thence east on Fair Street to Walker Street; thence northeast along Walker Street to Nelson Street; thence northeast on Nelson Street to Elliot Street; thence north along Elliot Street, as extended, to Martin Luther King, Jr. Drive; thence east along Martin Luther King, Jr. Drive to the CSX/Southern Railroad right-of-way; thence north along said Railroad right-of-way to its intersection with Simpson Street; thence west along Simpson Street to Northside Drive; thence northwest, then north along Northside Drive to North Avenue; thence east along North Avenue to the intersection of the CSX/Southern railroad right-of-way, which is the POINT OF BEGINNING; and 2) BEGINNING at the intersection of Ralph David Abernathy Boulevard and Martin Luther King, Jr. Drive; thence southeast on Ralph

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David Abernathy Boulevard to the intersection of Cascade Avenue; thence southwesterly along Cascade Avenue to the intersection of Beecher Street; thence west along Beecher Street to the intersection of Rosemary Avenue; thence south along Rosemary Avenue to the intersection of Clearvue Terrace; thence west, then south, then southeast on Clearvue Terrace to Cascade Avenue; thence southwesterly along Cascade Avenue to Cascade Circle; thence southwest, then south along Cascade Circle to the intersection of Cascade Avenue; thence southwest along Cascade Avenue to Centre Villa Drive; thence south along Centre Villa Drive to Venetian Drive; thence east along Venetian Drive to Campbellton Road; thence east along a line, as extended, to Ingram Street; thence east along Ingram Street, as extended, to the intersection of Lee Street; thence northeast along Lee Street to the intersection of the CSX Railroad right-of-way; thence southeast, then northeast along said Railroad right-of-way to the intersection of the Southern Railroad right-of-way; thence northwest along said Railroad right-of-way to the intersection of Windsor Street, as extended; thence north along Windsor Street, as extended, to Fair Street; thence west, then northwest along Fair Street to Walker Street; thence south along Walker Street to Fair Street; thence west along Fair Street to Elm Street; thence north along Elm Street to Parsons Street; thence west on Parsons Street to Lawshe Street; thence south on Lawshe Street to Fair Street; thence west on Fair Street to Ashby Street; thence north on Ashby Street to Martin Luther King, Jr. Drive; thence west on Martin Luther King, Jr. Drive to Ralph David Abernathy Boulevard, which is the POINT OF BEGINNING. Education District No. 3 1) BEGINNING at the intersection of Capitol Avenue and Fulton Street; thence east on Fulton Street to Martin Street; thence south one block on Martin Street to Fulton Street; thence east on Fulton Street to Connally Street; thence north along Connally Street to Glenwood Avenue; thence east along Glenwood Avenue one block to Kelly Street; thence north along Kelly Street, as extended, to Memorial Drive; thence east along Memorial Drive to Boulevard Drive; thence south on Boulevard Drive to Interstate-20; thence east along Interstate-20 to the intersection of the CSX Railroad right-of-way; thence south along said Railroad right-of-way to the intersection of Glenwood Avenue; thence east along Glenwood Avenue to Moreland Avenue; thence south along Moreland Avenue to Vickers Street; thence following the City limit line in a northeasterly direction until its intersection with the CSX/Georgia Railroad right-of-way near the MARTA East Lake Station; thence west along the CSX/Georgia Railroad right-of-way to Washington Street; thence southwest along Washington Street to Martin Luther King, Dr. Drive; thence southeast along Martin Luther King, Jr. Drive to Capitol Avenue; thence south on Capitol Avenue to Fulton Street, which is the POINT OF BEGINNING; and

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2) BEGINNING at the intersection of I-85 North and the City limits line (immediately south of Buford Highway); thence southwest along I-85 to Peachtree Creek; thence southwesterly along Peachtree Creek to its intersection with the CSX Railroad right-of-way; thence southwesterly, then southeasterly along said Railroad right-of-way to the intersection of Piedmont Avenue; thence southwesterly along Piedmont Avenue to the intersection of 14th Street; thence west along 14th Street to Peachtree Street; thence south along Peachtree Street to 10th Street; thence east along 10th Street to Piedmont Avenue, thence south along Piedmont Avenue to North Avenue; thence east along North Avenue to Moreland Avenue; thence south along Moreland Avenue to its intersection with the Georgia/CSX Railroad right-of-way; thence east along saidRailroad right-of-way to the City limits line; thence northerly following the City limits line until its intersection with I-85 North, which is the POINT OF BEGINNING. Education District No. 4 1) BEGINNING at the intersection of Roswell Road and the City limits line; thence southerly along Roswell Road to Peachtree Road; thence southerly along Peachtree Road to its intersection with 28th Street; thence west along 28th Street to Ardmore Circle; thence south, then southwest, then west along Ardmore Circle to Tanyard Creek; thence south along said Creek to Interstate-75; thence southeast along Interstate-75 to its intersection with the Southern Railroad right-of-way; thence southwest along said Railroad right-of-way to its intersection with Mecaslin Street; thence south along Mecaslin Street to its intersection with 16th Street; thence east one block along 16th Street to State Street; thence south along State Street to its intersection with 14th Street; thence east along 14th Street to its intersection with Piedmont Road; thence northeast along Piedmont Road to its intersection with the Southern Railroad right-of-way; thence northwest, then northeast along said Railroad right-of-way to Peachtree Creek; thence northeast along said Creek to its intersection with Interstate-85 North; thence northeast along Interstate-85 North to the eastern City limits line; thence northerly following the eastern (north/south) City limits line to the northern (east/west) City limits line; thence westerly following the northern (east/west) City limits line to Roswell Road, which is the POINT OF BEGINNING; and 2) BEGINNING at the intersection of the northern City limits line and Roswell Road; thence south along Roswell Road to the intersection of Peachtree Road; thence south along Peachtree Road to the intersection of 28th Street; thence west along 28th Street to the intersection of Ardmore Circle; thence south, then west along Ardmore Circle, as extended, to Tanyard Creek; thence southeasterly along Tanyard Creek to its intersection with I-75; thence southeasterly along I-75 to its intersection with the Southern Railroad right-of-way;

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thence southwesterly along said Railroad right-of-way to Mescalin Street; thence south along Mescalin Street to its intersection with 16th Street; thence east one block along 16th Street to the intersection of State Street; thence south along State Street to the intersection of Ferst Drive; thence west, then south, then east along Ferst Drive to State Street, if extended; thence south along State Street, if extended, to North Avenue; thence southwest along North Avenue to its intersection with the Southern Railroad right-of-way; thence northwesterly, then northeast along said Railroad right-of-way to its intersection with Howell Mill Road; thence north along Howell Mill Road to the intersection of I-75; thence northwesterly along Interstate-75 to its intersection with Peachtree Creek; thence westerly along said Creek to its intersection with Bohler Road; thence north along Bohler Road to its intersection with Battleview Drive; thence westerly along said Battleview Drive as extended to Peachtree Creek; thence westerly along said Creek to its intersection with the western City limits at the Chattahoochee River; thence northerly along said western City limits line to its intersection with the northern (east/west) City limits line;thence easterly along the northern (east/west) City limits line to its intersection with Roswell Road, which is the POINT OF BEGINNING. Education District No. 5 1) BEGINNING at the intersection of Peachtree Creek and the western City limits line at the Chattachoochee River; thence southwesterly along said City limits line to a point, which is the common Land Lot line between Land Lots 18 and 20 of the 14 FF District; thence south along said Land Lot line to Sandy Creek; thence east along Sandy Creek to its intersection with Waterford Road, thence southerly along said Road to its intersection with Baker Ridge Drive; thence easterly along Baker Ridge Drive to its intersection with Hightower Road; thence southeast along Hightower Road to its intersection with Baker Road; thence east along Baker Road to Arlington Circle; thence north, then east, then south along Arlington Circle; thence northeast along Baker Road to Elizabeth Place; thence northeast along Elizabeth Place to its intersection with Hortense Place; thence east along Hortense Place to its intersection with Hortense Way, thence southeasterly, then northeasterly along Hortense Way to its intersection with Grove Park Place, then easterly along Grove Park Place to its intersection with Francis Place, then southerly along Francis Place to its intersection with Proctor Creek; thence northeasterly along said Creek to its intersection with the CSX Railroad right-of-way; thence northwest along said railroad right-of-way to the intersection of the CSX/Southern Railroad right-of-ways; thence southeasterly along said railroad right-of-ways to the Y track of the CSX/Southern railroad and Southern railroad; thence northeast along the Southern railroad right-of-way to its intersection with

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Howell Mill Road; thence northerly along Howell Mill Road to its intersection with Interstate-75; thence northwesterly along Interstate-75 to its intersection with Peachtree Creek; thence westerly along Peachtree Creek to its intersection with Bohler Road; then along said Road to its intersection with Battleview Drive; then along said Drive as extended to its intersection with Peachtree Creek; thence westerly along said Creek to the western City limits line, which is the POINT OF BEGINNING; and 2) BEGINNING at the intersection of Cascade Road and Lynhurst Drive; thence north, then northwesterly along Lynhurst Drive to Spreading Oak Drive; thence west along Spreading Oak Drive to Laurelmont Drive; thence north along Laurelmont Drive to Benjamin Mays Drive; thence southeast along Benjamin Mays Drive to Willis Mill Road; thence northerly along Willis mill Road to Utoy Creek; thence southeast along said Creek to the common Land Lot line between Land Lots 203 and 182 of the 14th District; thence north along said Land Lot line to a point, which is the intersection of Land Lots 182, 203, 181, and 204 of the 14th District; thence east along the common Land Lot line between Land Lots 181 and 182 of the 14th District to its intersection with Handley Avenue; thence north along Handley Avenue to a point, which is one-half block north of Westwood Avenue if Handley Avenue were extended; thence east from said point along the rear property lines of those properties fronting on the north side of Westwood Avenue to a point, which is one-half block west of the eastern Land Lot line of Land Lot 172 of 14th District; thence south from said point to a point on Westwood Avenue, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence east along Westwood Avenue to its intersection with South Gordon Street; thence southwest along South Gordon Street to Beecher Street; thence east along Beecher Street to Cascade Road; thence northeasterly along Cascade Road to Ralph Abernathy Boulevard; thence northwesterly along Ralph David Abernathy Boulevard to Martin Luther King, Jr. Drive; thence west on Martin Luther King, Jr. Drive to Anderson Avenue; thence north along Anderson Avenue to the CSX Railroad right-of-way; thence westerly along said Railroad right-of-way to Hightower Road; thence northwest along Hightower Road to Baker Ridge Drive; thence westerly along Baker Ridge Drive to its intersection with Waterford Road; thence northerly along said Road to its intersection with Sandy Creek; thence northwesterly along

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Sandy Creek to its intersection with Fulton Industrial Boulevard, the western City limits line; thence southwest, then westerly along the City limits line to the intersection of Mendel Drive and the City limits line; thence southeasterly following the City limits line to its intersection with Cascade Road; thence east along Cascade Road to its intersection with Lynhurst Drive, which is the POINT OF BEGINNING. Education District No. 6 1) BEGINNING at the intersection of Cascade Road and the City limits line, west of Kingsdale Road; thence following said City limits line in a westerly, then southerly, and then northeasterly direction until its intersection with Stanton Road; thence north along Stanton Road to Leslie Road; thence west on Leslie Road to Hadlock Street; thence north on Hadlock Street to Campbellton Road; thence west on Campbellton Road to Willowbrook Drive; thence north on Willowbrook Drive to Venetian Drive; thence west on Venetian Drive to Centre Villa Drive; thence north on Centre Villa Drive to Cascade Road; thence northeast along Cascade Road to Cascade Circle; thence northeast along Cascade Circle to Cascade Road; thence northeast along Cascade Road to Cascade Terrace; thence northwest along Cascade Terrace to Clearvue Terrace; thence northeast along Clearvue Terrace to Rosemary Avenue; thence north along Rosemary Avenue to Beecher Street; thence west on Beecher Street to South Gordon Street; thence north on South Gordon Street to the intersection of Westwood Avenue; thence west along Westwood Avenue to a point, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence north to a point one-half block west of the eastern Land Lot line of Land Lot 172 of the 14th District; thence west from said point to a point, which is the one-half block north of Westwood Avenue, where Handley Avenue would intersect, if extended, thence south from said point along Handley Avenue to a point, which is the common Land Lot line between Land Lots 181 and 182 of the 14th District;' thence west along said Land Lot line to a point, which is the intersecting point of Land lots 182, 203, 181 and 204 of the 14th District; thence south along the common Land Lot line between Land Lots 182 and 203 of the 14th District to Utoy Creek; thence northwesterly along said Creek to Willis Mill Road; thence south along Willis Mill Road to Benjamin Mays Drive to Laurelmont Drive; thence south along Laurelmont Drive to Spreading

Page 4400

Oak Drive; thence east along Spreading Oak Drive to Lynhurst Drive; thence south along Lynhurst Drive to Cascade Road; thence west along Cascade Road to the western City limits line, which is the POINT OF BEGINNING; except that portion of unincorporated Fulton County which is located in Land Lots 29 and 30 of the 14 FF District; and 2) BEGINNING at the intersection of the City limits line and Interstate-75 South at Mt. Zion Road; thence south along Interstate-75 to Central Avenue; thence northwesterly along Central Avenue to Convoy Drive; thence south along Convoy Drive, as extended, to the southern City limits line; thence east, then north along said City limits line to the South River; thence northwesterly along the South River to Macon Drive; thence northeast, then northwest along Macon Drive to Lakewood Avenue; thence northeast along Lakewood Avenue to Shadydale Avenue; thence north along Shadydale Avenue to Claire Drive; thence west, then northwest along Claire Drive to Pryor Street; thence north along Pryor Street to the CSX Railroad right-of-way; thence west, then northwest along said Railroad right-of-way to Lee Street; thence southwest along Lee Street to a point on Lee Street where Ingram Street would intersect, if extended; thence west from said point along Ingram Street, as extended, to Campbellton Road; thence west along Venetian Drive to Willowbrook Drive; thence south along Willowbrook Drive to Campbellton Road; thence northeast one block along Campbellton Road to Hadlock Street; thence south along Hadlock Street to Leslie Avenue; thence east along Leslie Avenue to Stanton Road; thence south along Stanton Road to the City limits line; thence in a southeasterly direction following said City limits line to Interstate-75, which is the POINT OF BEGINNING; also included is that non-contiguous portion of the City which lies in Land Lots 128 and 127 of the 14th District. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to reorganize the Board of Education of the City of Atlanta and continue the Atlanta Independent

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School System; to provide for the comprehensive revision and compilation of local laws relating to such board of education and school system; and for the purposes. This 17th day of January, 1996. Representative Kathy Ashe 46th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kathy B. Ashe, who, on oath, deposes and says that she is Representative from the 46th 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 22, 1996. /s/ Kathy B. Ashe Representative, 46th District Sworn to and subscribed before me, this 26th day of January, 1996. /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 1996 session of the General Assembly of Georgia a bill to reorganize the Board of Education of the City of Atlanta and continue the Atlanta Independent School System; to provide for the comprehensive revision and compilation of local laws relating to such board of education and school system; and for other purposes. This 17th day of January, 1996. Representative Kathy B. Ashe 46th District GEORGIA, FULTON COUNTY

Page 4402

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kathy B. Ashe, who, on oath, deposes and says that she is Representative from the 46th 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 25, 1996. /s/ Kathy B. Ashe Representative, 46th District Sworn to and subscribed before me, this 26th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. FAYETTE COUNTY STATE COURT; JUDGE AND SOLICITOR; ELECTION; TERM. No. 895 (House Bill No. 1594). AN ACT To amend an Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), so as to change the date for the election and the beginning of the term of the first judge and solicitor of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Fayette County, approved April 13, 1994 (Ga. L. 1994, p. 4980), is amended by striking in its entirety Section 3 and inserting in its place the following: SECTION 3. There shall be a judge of the State Court of Fayette County, who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. Qualifying and primary elections proceeding the general election shall be as required by law. The first election for said judge of the State Court of Fayette County shall be in the general election to be held in November, 1996, and the term of said officer so elected shall begin January 1, 1997.

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SECTION 2. Said Act is further amended by striking in its entirety Section 19 and inserting in its place the following: SECTION 19. There shall be a solicitor of the State Court of Fayette County who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. Qualifying and primary elections preceding the general election shall be as required by law. The first election for said solicitor of the State Court of Fayette County shall be in the general election to be held in November, 1996, and the term of said solicitor so elected shall begin January 1, 1997. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend Act No. 1129 of the 1994 General Assembly of Georgia which created the State Court of Fayette County (1994 Georgia Laws 4980); to amend the date of elections for the offices of judge and solicitor, to amend the commencement date of the state court; to amend the date upon which certain criminal cases shall be transferred to the state court; to amend the date upon which all county ordinance and traffic law violations shall be transferred to the state court; to amend the date upon which certain civil cases may be transferred to the state court; to amend the effective date of Act No. 1129 (1994 Georgia Laws 4980); to provide for all related matters; and for other purposes. This 12th day of January, 1996. William R. McNally Attorney for Fayette County 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

Page 4404

the Fayette County News, which is the official organ of Fayette County, on the following date: January 18, 1996. /s/ Dan Lakly Representative, 105th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. BRYAN COUNTY STATE COURT; TERMS. No. 896 (House Bill No. 1646). AN ACT To amend an Act establishing the State Court of Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1938, Ex. Sess., p. 714), as amended, particularly by an Act approved February 20, 1953 (Ga. L. 1953, p. 2511), so as to change the terms of court; 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 Bryan County (formerly the City Court of Pembroke), approved January 10, 1938 (Ga. L. 1938, Ex. Sess., p. 714), as amended, particularly by an Act approved February 20, 1953 (Ga. L. 1953, p. 2511), is amended by striking from Section 11 the words `city court' and `on the third (3rd) Monday of each month' and inserting in lieu thereof, respectively, the words `court' and the words `on the second Monday of each month,' so that said section when amended shall read as follows: SECTION 11. The terms of said court shall be monthly for the trial and disposition of as criminal and civil business of whatever kind or nature of which said court has jurisdiction under the laws and Constitution of the State of Georgia. The time of holding said court shall be on the second Monday of each month; at the January, April, July, and October terms a jury shall be summoned, and a jury may be summoned at such other times as in the discretion of the judge it may become necessary for the trial of cases pending in said court.

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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 there will be introduced at the 1996 session of the General Assembly of Georgia, a bill relating to changing the terms of court of the State Court of Bryan County, Georgia, and for other purposes. DeVaul L. Henderson, Jr. County Attorney for Bryan County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who, on oath, deposes and says that she is Representative from the 147th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Richmond Hill-Bryan County News, which is the official organ of Bryan County, on the following date: January 31, 1996. /s/ Ann R. Purcell Representative, 147th District Sworn to and subscribed before me, this 7th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. RICHMOND COUNTY CORONER; STATE COURT; JUDGE; COMPENSATION. No. 897 (House Bill No. 1740). AN ACT To amend an Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6068), so as to change the compensation of certain officials; to provide for the payment of such compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4406

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6068), is amended by striking in its entirety Section 1 thereof and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) The following officials of Richmond County, Georgia, shall receive an annual salary, payable from the funds of Richmond County, Georgia, as follows: (1) Clerk of superior court and state court $ 52,300.00 (2) Judge of the probate court 40,071.00 (3) Tax commissioner 58,600.00 (4) Judge of the state court 68,004.00 (5) Solicitor of the state court 32,000.00 (6) Coroner 46,000.00 (7) Judge of the civil court 51,267.00 (8) Associate judge of the civil court 51,852.00 (9) District attorney 14,904.00 (10) Judge of the superior court 17,981.00 (11) Sheriff 59,000.00 (b) The compensation provided for in subsection (a) of this section shall be paid in equal monthly installments. The compensation provided for in subsection (a) of this section may not be increased or supplemented by the governing authority of Richmond County. SECTION 2. During calendar year 1996, the coroner shall receive in addition to his or her normal salary, the sum of $6,000.00 to be paid in equal monthly installments beginning the month in which this Act becomes effective and paid through December, 1996. SECTION 3. Section 1 of this Act shall become effective on January 1, 1997. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the Regular 1996 Session of the General Assembly of Georgia an Act to establish the compensation for certain elected officials of Richmond County, Georgia, and certain elected officials of the State of Georgia, whose salaries are supplemented by Richmond County, Georgia; to prohibit certain practices by certain officials; to provide an effective date, to repeal conflicting laws; and for other purposes. This 20th day of December, 1995. JAMES B. WALL County Attorney for Richmond County, GA. 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 the Augusta Chronicle, which is the official organ of Richmond County, on the following date: December 27, 1995. /s/ Jack Connell Representative, 115th District Sworn to and subscribed before me, this 16th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. CHEROKEE COUNTY ADVISORY REFERENDUM ON CORPORATE LIMITS OF THE CITY OF WOODSTOCK. No. 898 (House Bill No. 1750). AN ACT To provide for an advisory referendum election to be held in Cherokee County for the purpose of ascertaining whether the corporate limits of the City of Woodstock should be extended to include part of the right of way of Interstate 575; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the purpose of this Act to provide for an advisory referendum within Cherokee County to determine if the voters of said county prefer that the corporate limits of the City of Woodstock be extended to include part of the right of way of Interstate 575. SECTION 2. (a) It shall be the duty of the election superintendent of Cherokee County to issue the call for an advisory election for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall set the date of such election for the date of the 1996 state-wide general election. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. 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 printed thereon the following: Advisory Referendum Election () YES () NO Should the corporate limits of the City of Woodstock be extended to include part of the right of way of Interstate 575? (b) It shall be the duty of the election superintendent of Cherokee County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Cherokee County. The expense of such election shall be borne by Cherokee County. (c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Cherokee County and is for a public purpose and is an essential governmental function for which public funds may be expended. 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 1996 Session of the General Assembly of Georgia a bill to provide for an Advisory Referendum Election to be held in Cherokee County for the purpose of ascertaining whether the Corporate Limits of the City of Woodstock should be extended to include part of the right-of-way of interstate 575; to provided for the procedures, requirements, and other matters relative thereto; and for other purposes. This 9th day of February, 1996. Melanie Harris Representative, 17th District Steve Stancil Representative, 16th District Garland Pinholster Representative, 15th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 14, 1996. /s/ Steve Stancil Representative, 16th District Sworn to and subscribed before me, this 15th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996. MADISON-MORGAN COUNTY AIRPORT AUTHORITY CREATION. No. 899 (House Bill No. 1755). AN ACT To create and establish the Madison-Morgan County Airport Authority and to provide for the powers of such authority; to confer powers and to impose duties on the authority; to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft, which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking, and to acquire the necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to provide for the membership and for the appointment of members of the authority and their terms and compensation; to authorize the authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority, including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations or to secure the payment thereof and to define the rights of the holders of such bonds; to provide that no debts of the City of Madison or Morgan County shall be incurred in the exercise of any powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to grant the authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; 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 venue; to provide for the powers, duties, and existence of the authority and of its officers, employees, and agents; to provide that certain moneys shall be deemed to be trust funds; to provide for general purpose of the authority; to provide for the prescribing of fees and collecting of rates, fees, tolls, and charges; to provide for rules and regulations; to provide for construction; to provide for eminent domain; to provide for jurisdiction over property of the authority; to provide that the authority shall be the successor to any airport authority created by an Act approved March 27, 1965 (Ga. L. 1965, p. 2687); to provide for severability; to provide for other matters relative to the forgoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is created a body corporate and politic to be known as the Madison-Morgan County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. 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 shall in no event be liable for any torts committed by any of its officers, agents, and employees. The authority shall consist of seven members. Such members shall be appointed by the governing

Page 4411

authority of Morgan County and by the governing authority of the City of Madison as follows: The governing authority of Morgan County shall appoint one member whose term expires December 31, 1998, one member whose term expires December 31, 2000. The governing authority of the City of Madison shall appoint one member whose term expires December 31, 1998, one member whose term expires December 31, 1999, and one member whose term expires December 31, 2000. In addition, the governing authority of Morgan County and the governing authority of the City of Madison shall jointly appoint one member whose term expires December 31, 2000. All subsequent appointments shall be for a term of four years and until their successors have been duly appointed. No person shall be appointed to membership on the authority unless he or she is a resident of Morgan County, Georgia, and has the same qualifications as are required for a person to vote in Morgan County, Georgia. The authority shall make rules and regulations for its own government. It shall have perpetual existence. SECTION 2. (a) As used in this Act, the term: (1) Authority means the Madison-Morgan County Airport Authority created by Section 1 of this Act. (2) Cost of the project embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery, equipment, financing charges, and interest prior to and during construction; the cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications and such other expenses as may be necessary or incident to the financing authorized in this Act; the construction of any project and improvements on the same; the placing of the same in operation; and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority. (3) Project means and includes the acquisition, construction, equipping, maintenance, improving, and operation of airports and landing fields for the use of aircraft and related buildings and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; acquiring the necessary property, both real and personal; and the lease and sale of any part of or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft deemed by the authority to be necessary, convenient, or desirable. (4) Revenue bonds, bonds, or obligations means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title

Page 4412

36 of the O.C.G.A., known as the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under said article and any amendments thereto and, in addition, such terms shall also mean obligations of the authority the issuance of which are authorized in this Act. (b) Any project shall be deemed self-liquidating if in the judgment of the authority the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 3. (a) 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 the exercise of the power and right of eminent domain, which is hereby granted, 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 disposition 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 the authority of this Act. In any proceeding 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 velue 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

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projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. 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 may deem advisable. The authority is further granted the authority to make contracts, leases, and to execute all instruments necessary or convenient with the United States government or any agency or department thereof concerning the projects of the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (3) of Section 2 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States or any agency or instrumentality thereof; (7) To accept loans and grants or to accept loans or grants of money or materials or property of any kind from the United States, any agency, instrumentality, or political subdivision thereof, or any other source upon such terms and conditions as the United States or such agency, instrumentality, or other source may impose; (8) To accept loans or grants of money, materials, or property of any kind from the State of Georgia, any agency, instrumentality, or political subdivision thereof, or any other source upon such terms and conditions as the State of Georgia or such agency, instrumentality, political subdivision, or other source may impose; (9) To regulate traffic at any airport which it owns or operates; (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; and (11) To do all things necessary or convenient to carry out the powers especially given in this Act. (b) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or any interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in other sections of this Act. SECTION 4. The authority will hold its first regular meeting after this Act becomes effective. The first regular meeting of each year thereafter shall be in

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January. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less often than quarterly. At its first meeting and at its first meeting in January of each year thereafter, the authority shall elect one of its members as its chairperson and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. The chairperson and secretary-treasurer shall be elected for terms ending on December 31 of the year in which they were elected or until their successors are elected and qualified. Four members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority shall serve without compensation, but they shall be reimbursed for all actual expenses incurred in the performance of their duties. SECTION 5. In the event of a vacancy on the authority by reason of death, resignation, or otherwise, the vacancy shall be filled by the governing authority, and the person so appointed shall serve for the remainder of the unexpired term. SECTION 6. The authority or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized 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 and interest of such revenue bonds shall be payable solely from the special fund provided in this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the authority from time to time, shall be payable as provided by resolution of the authority, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Georgia laws, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Georgia laws. SECTION 7. The authority shall determine the form of the bonds 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

Page 4415

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 8. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupons shall cease to be such officer before the delivery of such bonds or coupons, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the authority and attested by the secretary-treasurer of the authority, and the official seal of the authority shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signatures of the chairperson and secretary-treasurer of the authority. 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 delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. SECTION 9. 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 laws of this state. Such bonds are declared to be issued for an essential public and governmental purpose, and said bonds, their transfer, and the income thereof shall be exempt from all taxation within the state. SECTION 10. 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. SECTION 11. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same funds without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

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SECTION 12. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. SECTION 13. The authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. SECTION 14. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of the quorum as provided in this Act. SECTION 15. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Madison or Morgan County, but such bonds shall be payable solely from the fund provided for in this Act and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said county or municipality to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. SECTION 16. 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, including the proceeds derived from the sale from time to time of any surplus property of the authority, both real and personal. Either the resolution providing for the issuance of 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

Page 4417

the project, the maintenance, operation, repair, and insurance of the property, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale of property of the authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and 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 17. 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 thereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. SECTION 18. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, tolls, 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 such 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, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the 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

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due, (3) the necessary charges of a paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; provided, however, that except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. SECTION 19. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. SECTION 20. 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. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 21. Bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency thereof, if subject to be sued, which has contracted with the authority for

Page 4419

the services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of this state or the United States government, if a party to the validation proceedings, contracting with the authority. SECTION 22. Any action to protect or enforce any rights under the provisions of this Act or any suit against such authority shall be brought in the Superior Court of Morgan County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have original jurisdiction of such actions. SECTION 23. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds and, upon the issuance of bonds under this Act, the provisions of this Act shall constitute a contract with the holders of such bonds. SECTION 24. 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 25. Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, improving, and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and to do any and all things deemed by

Page 4420

the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. SECTION 26. The authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its lands or facilities. SECTION 27. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. SECTION 28. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. SECTION 29. This Act, being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia, of Morgan County, and of the City of Madison, shall be liberally construed to effect the purposes of this Act. SECTION 30. Through the use and power of eminent domain, the authority shall have the right, power, privilege, and authority to condemn real property, rights-of-way, or easements for the purpose of carrying out the provisions of this Act. Such condemnation shall be conducted in accordance with the laws of this state. SECTION 31. All property the title to which shall vest in said authority shall be subject to the jurisdiction of the county wherein such property shall lie. SECTION 32. The authority created by this Act shall be the successor to any airport authority created by an Act approved March 27, 1965 (Ga. L. 1965, p. 2687).

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SECTION 33. 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 34. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 35. 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 1996 Session of the General Assembly of Georgia, legislation which shall have as its effect the creation of the Madison-Morgan Airport Authority, and for other purposes. This 1st day of February, 1996. /s/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 published in the Madisonian, which is the official organ of Morgan County, on the following date: February 1, 1996. /s/ Frank E. Stancil Representative, 91st District Sworn to and subscribed before me, this 19th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 9, 1996.

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RICHMOND COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 900 (House Bill No. 1764). AN ACT To amend an Act providing a homestead exemption from all Richmond County ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved March 24, 1988 (Ga. L. 1988, p. 4147), so as to provide for annual increases in the amount of the income ceiling; to eliminate such ceiling after a five-year period; 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 all Richmond County ad valorem taxes for educational purposes for certain residents of that school district who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over, approved March 24, 1988 (Ga. L. 1988, p. 4147), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: SECTION 2. (a) For the taxable year beginning on or after January 1, 1997, and prior to January 1, 1998, each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes for educational purposes for the full 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 $15,000.00 the immediately preceding taxable year. (b) For the taxable year beginning on or after January 1, 1998, and prior to January 1, 1999, each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes for educational purposes for the full 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 $25,000.00 the immediately preceding taxable year. (c) For the taxable year beginning on or after January 1, 1999, and prior to January 1, 2000, each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes

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for educational purposes for the full 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 $35,000.00 the immediately preceding taxable year. (d) For the taxable year beginning on or after January 1, 2000, and prior to January 1, 2001, each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes for educational purposes for the full value of the homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $50,000.00 the immediately preceding taxable year. (e) For all taxable years beginning on or after January 1, 2001, each resident of the Richmond County School District who is a senior citizen is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes for educational purposes for the full value of that homestead, without regard to that person's income or the income of the spouse of such person who resides within such homestead. SECTION 2. 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 this Act to the electors of the Richmond County School District for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, 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 Richmond County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for annual increases in the amount of the income ceiling applicable to the Richmond County School District homestead exemption for senior citizens and which eliminates that income ceiling after a five-year period? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1997. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, this Act shall 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 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 hereby given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide an exemption from Richmond County School District ad valorem taxes for certain residents. This 8th day of January, 1996. JACK CONNELL Representative 115th 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 the Augusta Chronicle, which is the official organ of Richmond County, on the following date: January 12, 1996. /s/ Jack Connell Representative, 115th District Sworn to and subscribed before me, this 15th day of February, 1996. /s/ Lea Lange London Notary Public, Georgia My Commission Expires Apr. 20, 1996 (SEAL) Approved April 9, 1996.

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CITY OF VILLA RICA CORPORATE LIMITS. No. 902 (House Bill No. 1895). AN ACT To amend an Act providing a new charter for the City of Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4575), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4592), so as to change the corporate limits of the City of Villa Rica; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4575), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4592), is amended by inserting immediately following Section 1.125 a new Section 1.126 to read as follows: SECTION 1.126. The corporate limits of the City of Villa Rica shall also include the following described area: All that tract or parcel of land lying and being in Land Lot 195 and Land Lot 196 of the 6th District of Carroll County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the southwesterly right-of-way of Georgia State Highway 101, a/k/a Rockmart Road, and the northwesterly right-of-way of Georgia Highway 61 Connector, a/k/a Industrial Boulevard, and from said POINT OF BEGINNING, running in a southwesterly direction along the northwesterly right-of-way of said Georgia Highway 61 Connector a distance of 1100 feet, more or less, but specifically to the property of the City of Villa Rica known as Gold Dust Park; thence running in a northerly direction along the easterly line of property of the City of Villa Rica a distance of 270 feet, more or less, but specifically to the northeast corner of said City of Villa Rica property; thence running in a westerly direction along the northerly line of said City of Villa Rica property 1,470 feet, more or less, but specifically to the northwest corner of said City of Villa Rica property; thence running in a southerly direction along the westerly line of said City of Villa Rica property 1,150 feet, more or less, but specifically to the south land lot line of Land Lot 195; thence running in a westerly direction along the south land lot line of Land Lot 195 and Land Lot 916, 2,280 feet, more or less, but specifically to the southeast corner of Iron Creek Mobile Home Park; thence running in a northerly direction along the easterly line of said Mobile Home Park 1,430 feet, more or less, but specifically to the south line of property now or formerly owned by Daniel

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Bearden and Marilee Bearden; thence running in an easterly direction 4,650 feet, more or less, but specifically to the southwesterly right-of-way of Georgia State Highway 101; thence running in a southeasterly direction along said southwesterly right-of-way 40 feet, more or less, but specifically to the point of beginning. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Villa Rica, approved April 25, 1975 (Ga. L. 1975, p. 4576), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4592); and for other purposes. This 27th day of February, 1996. C. David Mecklin Attorney for City of Villa Rica GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stallings, who, on oath, deposes and says that he is Representative from the 100th 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 6, 1996. /s/ Tracy Stallings Representative, 100th District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 9, 1996.

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CHEROKEE COUNTY STATE COURT; CREATION. No. 905 (House Bill No. 1729). AN ACT To create the State Court of Cherokee County; to provide for jurisdiction, powers, and pending matters; to provide for court facilities; to provide for the designation or the selection of the initial judge and solicitor; to provide for the election, qualifications, oath, duties, powers, terms, and compensation of successor judges and solicitors; to provide for terms of court; to provide for actions and rules of practice and procedure; to provide for jury trials; to provide for selection of jurors; to provide for proceeding and procedures in criminal cases; to provide for assistance by other judges and compensation therefor; to provide for the selection, duties, and compensation of the clerk; to provide for the selection, duties, and compensation of the court reporter; to provide for costs, fees, fines, and forfeitures; to provide for appellate review; to provide for the selection, duties, qualifications, and compensation of a solicitor pro tempore; to provide for effective dates; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Pursuant to Chapter 7 of Title 15 of the Official Code of Georgia Annotated, there is created a state court of Cherokee County, which shall be known as the State Court of Cherokee County, with the powers and duties set out in this Act. SECTION 2. The governing authority of Cherokee County shall provide an adequate place and facilities for the holding of the State Court of Cherokee County. The said court shall be located in the City of Canton, Georgia, but shall be authorized by order of the court to hold court in other buildings of the county located in the county. SECTION 3. (a) There shall be a judge of the State Court of Cherokee County who shall be selected as provided in this section. Qualifying and primary elections preceding the general election shall be as required by law. (b) The judge of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election shall become the judge of the State Court of Cherokee County upon the abolishment of the State Court of Cherokee and Forsyth Counties if that person is a permanent resident of Cherokee County and shall serve until December 31, 2000, and until the election and qualification of such officer's successor. The first

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judge of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 2000. The judge so elected in 2000 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2004, and upon the election and qualification of such officer's successor. That and all future successors to such judge whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A judge of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified. (c) If the judged of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election is not a resident of Cherokee County upon the abolishment of such court, the first judge of the State Court of Cherokee County shall be appointed by the Governor for a term of office beginning on January 1, 1997, and continuing through December 31, 1998, and until the election and qualification of such officer's successor. The first judge of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 1998. The judge so elected in 1998 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2002, and upon the election and qualification of such officer's successor. That and all future successors to such judge whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A judge of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified. SECTION 4. The judge of the State Court of Cherokee County shall have been a resident of the State of Georgia for three years, next preceding the beginning of said judge's term of office; the judge shall also have been a resident of Cherokee County for one year, next preceding the beginning of said judge's term of office. A qualified candidate shall not be less than 25 years of age at the commencement of his or her term of office, shall have been admitted to the practice of law for at least five years, and shall be a member in good standing of the State Bar of Georgia. The judge of the State Court of Cherokee County shall be a full-time judge and shall not engage in the private practice of law. SECTION 5. The State Court of Cherokee County shall have three terms each year commencing with the first Monday in January, 1997. Succeeding terms

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shall begin in May and September. Such terms shall remain open for the transaction of business until the next succeeding term of said court. The terms of said court are subject to being lengthened or shortened upon the sole discretion of the judge of said court. The court shall be open at all times for business. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases, the judge of said court, in his or her own discretion, may omit the drawing of a jury for any term of said court; however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases. SECTION 6. All actions in the State Court of Cherokee County shall be commenced just as actions are commenced in the superior courts of this state. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the Georgia Civil Practice Act, as it now exists and as it may be hereafter amended, shall serve as the rules of practice and procedure in the State Court of Cherokee County. SECTION 7. Either party may demand a jury trial at any time prior to commencement of the trial by filing a separate demand for trial by jury as allowed or restricted by state law; provided, however, where neither party demands a trial by jury the judge of the State Court of Cherokee County shall have the right on said judge's own motion and in his or her own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or said judge may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all other respects as if demanded by a party to said case. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party. SECTION 8. The jurors for the State Court of Cherokee County shall be drawn and selected from the jury box of the Superior Court of Cherokee County. The judge shall draw a sufficient number of jurors in the manner required by law. All laws with reference to the selection of traverse jurors in state and superior courts not inconsistent with the provisions of this Act shall apply to the State Court of Cherokee County. The jurors so drawn shall be summoned by the Sheriff of Cherokee County, or other lawful officer, in the manner authorized in the Superior Courto of Cherokee County at least five days before the court date at which they are called to serve, and from the jurors drawn and summoned as provided in this section, there shall be impaneled in all civil cases to be tried by a jury in said court, a panel of 12 prospective jurors, and in each case, each side shall have three peremptory strikes, with the plantiff making the first strike, to be used as required by

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Georgia law, and the six remaining jurors shall constitute a jury for the trial of such case. If there should be any deficiency of jurors from cause or absence, the sheriff by direction of the court shall complete the jury to talesmen sufficient to meet the needs of the court. Each juror shall receive the same compensation while serving as a juror in said court as is paid in the superior court of said county, the same to be paid by Cherokee County under the laws governing the payment of superior court jurors. All laws of force with reference to the qualifications, oaths, exemptions, and financing of jurors in the superior courts of this state shall, when not inconsistent with the provisions of this Act, be observed in said State Court of Cherokee County. SECTION 9. (a) Proceedings in criminal cases in the State Court of Cherokee County shall be by accusation or referral of indictment by the Superior Court of Cherokee County and trial shall conform to the rules governing like proceedings in the superior court, except that the jury in said court shall consist of six jurors to be stricken alternately by the defendant and state from the panel of 12, as provided by Georgia law. The defendant shall be entitled to four peremptory strikes and the state shall be entitled to two peremptory strikes, with the defendant making the first strike. The remaining jurors shall compose the jury. (b) All prosecutions in criminal cases instituted in the State Court of Cherokee County shall be by written accusation framed and signed by the prosecuting attorney of such court. The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and the accusation is to be used as a basis for the issuance of a warrant for the arrest of the defendant. Any prosecution for a county ordinance violation or traffic violation may be upon citation. (c) Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior courts, except for the provisions for jurors set forth in this section. (d) Said court shall sit as a committal court upon all criminal warrants issued by the judge thereof where demand is made therefor by an accused. (e) The clerk of the State Court of Cherokee County is authorized to receive all criminal warrants for filing, to assign each such warrant a case number, and to forward each such warrant to the office of the solicitor of said court for purposes of having an accusation drawn. SECTION 10. The judge of the State Court of Cherokee County may request assistance under Code Section 15-1-9.1 of the Official Code of Georgia Annotated in the event the judge is unable to serve for any reason. The compensation of such judge will be paid from county funds.

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SECTION 11. The State Court of Cherokee County shall have jurisdiction within the territorial limits of the county and concurrent with the superior courts over the following matters: (1) The trial of criminal cases below the grade of felony; (2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts; (3) The hearing of applications for and the issuance of arrest and search warrants; (4) The holding of courts of inquiry; (5) The punishment of contempt by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both; (6) Review of decisions of other courts as may be provided by law; (7) All criminal cases pending in the State Court of Cherokee and Forsyth Counties as of January 1, 1997, with venue in Cherokee County and all other civil cases or matters in Cherokee County pending in the State Court of Cherokee and Forsyth Counties as of January 1, 1997, with venue in Cherokee County shall be transferred immediately to the State Court of Cherokee County and shall be within the exclusive jurisdiction of the State Court of Cherokee County; and (8) All the jurisdiction that is allocated to state courts in Chapter 7 of Title 15 of the Official Code of Georgia Annotated as it now exists and as it may be hereafter amended. SECTION 12. The clerk of the Superior Court of Cherokee County shall be the clerk of the State Court of Cherokee County. The Sheriff of Cherokee County shall perform for the State Court of Cherokee County all those duties and service that are presently, or hereafter may be, performed by the Sheriff of Cherokee County for the Superior Court of Cherokee County, and are consistent with the duties and services which are required by the State Court of Cherokee County. The clerk of the State Court and the Sheriff of Cherokee County are to receive compensation as required by law. SECTION 13. The judge of the State Court of Cherokee County may appoint an official court reporter who shall report such cases as the court may require. The reporter shall receive the same fees as allowed for similar service in the

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Superior Court of Cherokee County which shall be taxed and enforced as in the Superior Court of Cherokee County. SECTION 14. Costs for all cases in the State Court of Cherokee County shall be the same as costs that are employed in the Superior Court of Cherokee County. SECTION 15. On and after January 1, 1997, the clerk of the State Court of Cherokee County shall pay into the county treasury of Cherokee County all amounts of costs, fines, and forfeitures collected by said court, such amounts to be paid in the fund of the county treasury. SECTION 16. The judge of the State Court of Cherokee County shall receive as compensation an amount equal to 90 percent of the base salary plus 90 percent of any county supplement of a judge in the superior courts in the State of Georgia. Such compensation shall be paid in equal monthly installments from the funds of Cherokee County. SECTION 17. All cases in the State Court of Cherokee County shall be subject to review to the Court of Appeals or the Supreme Court of Georgia in the same manner as judgments and orders of the superior courts are now reviewed. SECTION 18. (a) There shall be a solicitor of the State Court of Cherokee County who shall be selected as provided in this section. Qualifying and primary elections preceding the general election shall be as required by law. (b) The solicitor of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election shall become the solicitor of the State Court of Cherokee County upon the abolishment of the State Court of Cherokee and Forsyth Counties if that person is a permanent resident of Cherokee County and shall serve until December 31, 2000, and until the election and qualification of such officer's successor. The first solicitor of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 2000. The solicitor so elected in 2000 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2004, and upon the election and qualification of such officer's successor. That and all future successors to such solicitor whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A solicitor of the state

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court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified. (c) If the solicitor of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election is not a resident of Cherokee County upon the abolishment of such court, the first solicitor of the State Court of Cherokee County shall be appointed by the Governor for a term of office beginning on January 1, 1997, and continuing through December 31, 1998, and until the election and qualification of such officer's successor. The first solicitor of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 1998. The solicitor so elected in 1998 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2002, and upon the election and qualification of such officer's successor. That and all future successors to such solicitor whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A solicitor of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified. SECTION 19. The solicitor of the State Court of Cherokee County shall, on the date that he or she takes office, permanently reside within Cherokee County, shall have been a resident of Cherokee County for one year, next preceding the commencement of his or her term, shall as of such date be at least 25 years of age, shall have been admitted to practice law in the State of Georgia for three years, and shall be a member in good standing of the State Bar of Georgia. The position of solicitor shall be a full-time position, and the solicitor may not engage in the private practice of law. SECTION 20. The solicitor of the State Court of Cherokee County shall receive as compensation an amount equal to 90 percent of the salary of the District Attorney for the Superior Court of Cherokee County. Such compensation shall be paid in equal monthly installments from the funds of Cherokee County. SECTION 21. The solicitor of the State Court of Cherokee County may appoint a solicitor pro tempore who shall have the same authority as the solicitor in the solicitor's absence. A candidate for solicitor pro tempore must conform to the qualifications required of a solicitor of the state court set out in Section 19 of this Act. The solicitor pro tempore shall be paid from the funds of Cherokee County such reasonable amount as the solicitor may determine,

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subject to approval by the Board of Commissioners of Cherokee County. The solicitor pro tempore shall serve at the pleasure of the solicitor. SECTION 22. All provisions of this Act, excepting those necessary to the appointment of the initial judge and solicitor of the court, shall become effective on January 1, 1997. Those provisions of this Act necessary to the appointment of the initial judge and solicitor of the State Court of Cherokee County shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that unless a bill repealing an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended, is passed, becomes law, and becomes effective on or before January 1, 1997, and unless a bill creating the State Court of Forsyth County is passed, becomes law, and becomes effective on or before January 1, 1997, this Act shall be void and shall be automatically repealed on January 1, 1997. 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 1996 session of the General Assembly of Georgia a bill to create the State Court of Cherokee County; to provide for jurisdiction, powers, and pending matters; to provide for the designation or the selection of the initial judge and solicitor; to provide for the election, qualifications, oath, duties, powers, terms, and compensation of successor judges and solicitors; to provide for terms of court; to provide for actions and rules of practice and procedures; to provide for jury trials; to provide for selection of jurors; to provide for proceeding and procedures in criminal cases; to provide for assistance by other judges and compensation therefor; to provide for the selection, duties, and compensation of the clerk; to provide for the selection, duties, and compensation of the court reporter; to provide for costs, fees, fines, and forfeitures; to provide for appellate review; to provide for the selection, duties, qualifications, and compensation of a solicitor pro tempore; to provide for effective dates; to provide for automatic repeal of this Act under certain circumstances; and for other purposes. This 2nd day of February, 1996. Representative Steve Stancil 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who, on oath, deposes and

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says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 7, 1996. /s/ Steve Stancil Representative, 16th District Sworn to and subscribed before me, this 9th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. STATE COURT OF CHEROKEE AND FORSYTH COUNTIES ABOLITION; TRANSFER OF CASES. No. 906 (House Bill No. 1727). AN ACT To repeal an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), and all amendatory Acts thereto; to provide for the transfer of cases and records to other courts; to provide an effective date; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), and all amendatory Acts thereto, are repealed in their entirety. SECTION 2. (a) All cases and matters that are pending in the State Court of Cherokee and Forsyth Counties the venue of which is in Cherokee County shall be transferred to the State Court of Cherokee County as of January 1, 1997. All records, books, and documents relating to such cases or prior cases in said court the venue of which was in Cherokee County shall be transferred to the State Court of Cherokee County as of January 1, 1997.

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(b) All cases and matters that are pending in the State Court of Cherokee and Forsyth Counties the venue of which is in Forsyth County shall be transferred to the State Court of Forsyth County as of January 1, 1997. All records, books, and documents relating to such cases or prior cases in said court the venue of which was in Forsyth County shall be transferred to the State Court of Forsyth County as of January 1, 1997. SECTION 3. This Act shall become effective on January 1, 1997; provided, however, that unless a bill creating the State Court of Cherokee County is passed, becomes law, and becomes effective on or before January 1, 1997, and unless a bill creating the State Court of Forsyth County is passed, becomes law, and becomes effective on or before January 1, 1997, this Act shall be void and shall be automatically repealed on January 1, 1997, and the Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended, shall not be repealed and shall remain in force and effect. 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 1996 session of the General Assembly of Georgia a bill to repeal an Act creating the State Court of Cherokee and Forsyth Counties; approved February 28, 1974 (Ga. L. 1974, p. 2114), and all amendatory Acts thereto; to provide for the transfer of cases and records to other courts; to provide an effective date; to provide for automatic repeal of this Act under certain circumstances; and for other purposes. This 2nd day of February, 1996. /s/Mike Evans, Representative, District 28 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

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the Forsyth County News, which is the official organ of Forsyth County, on the following date: February 7, 1996. /s/ Mike A. Evans Representative, 28th District Sworn to and subscribed before me, this 13th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to repeal an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), and all amendatory Acts thereto; to provide for the transfer of cases and records to other courts; to provide an effective date; to provide for automatic repeal of this Act under certain circumstances; and for other purposes. This 2nd day of February, 1996. Representative Steve Stancil 16th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Stancil, who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the following date: February 7, 1996. /s/ Steve Stancil Representative, 16th District Sworn to and subscribed before me, this 9th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996.

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MURRAY COUNTY CLERK OF THE SUPERIOR COURT; SHERIFF; JUDGE OF THE PROBATE COURT; TAX COMMISSIONER; COMPENSATION. No. 963 (Senate Bill No. 774). AN ACT To amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2509), as amended, so as to change provisions relating to the compensation of the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County; to provide for related matters with respect to said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2509), as amended, is amended by striking Sections 1 through 15, which constitute all substantive sections of said Act, and inserting in their place new Sections 1 through 11, to constitute a complete amendment and restatement of the substantive provisions of said Act, which as so amended and restated shall read as follows: SECTION 1. The clerk of the superior court, the sheriff, the probate judge, and the tax commissioner of Murray County shall be compensated by annual salaries, and the former mode of compensating such officers, known as the fee system, shall have no application to such officers. SECTION 2. (a) The clerk of the superior court shall receive an annual salary of $44,100.00 pursuant to this Act. Such annual salary shall be paid in equal monthly installments from funds of Murray County. (b) Such annual salary shall be the total compensation of the clerk of the superior court from public funds, except that the clerk may receive in addition to such annual salary: (1) an allowance for his or her service in juvenile court as provided in Code Section 15-6-89; and (2) retirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law.

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SECTION 3. (a) The sheriff shall receive an annual salary in the amount provided by the general laws of this state relating to minimum salaries for sheriffs. Such salary shall be paid in equal monthly installments from funds of Murray County. (b) Such annual salary shall be the total compensation of the sheriff from public funds, except that the sheriff may receive, in addition to such annual salary, retirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law. SECTION 4. (a) The judge of the probate court shall receive an annual salary in the amount provided by the general laws of this state relating to minimum salaries for probate judges. Such salary shall be paid in equal monthly installments from funds of Murray County. (b) Such annual salary shall be the total compensation of the probate judge from public funds, except that the probate judge may receive, in addition to such annual salary, retirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law. SECTION 5. (a) The tax commissioner shall receive an annual salary of $35,100.00 pursuant to this Act. Such annual salary shall be paid in equal monthly installments from funds of Murray County. (b) Such annual salary shall be the total compensation of the tax commissioner from public funds, except that the tax commissioner may receive in addition to such annual salary: (1) an allowance for his or her service as ex officio sheriff as provided in Code Section 48-5-137 of the O.C.G.A.; and (2) retirement, insurance, social security, and other similar employment benefits to the extent otherwise authorized by law. SECTION 6. The clerk of the superior court, sheriff, probate judge, and tax commissioner shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received or according to such other schedule as may be provided by general law. At the time of each such payment into the county treasury, each of said officers shall furnish the governing authority of the county

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a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. SECTION 7. It is specifically provided that the salaries provided for in this Act shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and other emoluments and perquisites of any kind; and on and after the effective date of this section in 1996 none of the officers for whom salaries are specified in this Act shall be entitled to retain any of such fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, or other emoluments or perquisites in addition to the salary specified in this Act. Nothing in this Act shall apply to or affect any fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, or other emoluments or perquisites retained by any of said officers prior to said effective date in 1996; and the retention of any such amounts prior to said effective date in 1996 is hereby ratified and confirmed as a part of the compensation lawfully received by such officer prior to said effective date in 1996. SECTION 8. The judge of the probate court shall not be eligible to serve as the clerk of the governing authority of Murray County. SECTION 9. The officers specified in this Act shall have the authority to appoint such deputies, clerks, assistants, and other personnel as they shall deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officers shall, from time to time, recommend to the governing authority of Murray County the number of such personnel needed by his or her office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Murray County to fix the compensation to be received by each employee in said offices. It shall be within the sole power and authority of each of said officers, during his or her term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, and other personnel, to prescribe their duties and assignments, and to remove or replace any of such employees at will and within such officer's sole discretion. SECTION 10. The necessary operating expenses of the offices of each of the officers provided for in this Act, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture,

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utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance therefor, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Murray County. SECTION 11. The official bonds of the officers provided for in this Act and the official bonds of their respective deputies, clerks, assistants, and other personnel, as may be required by law, shall be procured by each elected officer and the premiums and costs thereof shall be paid out of any county funds available for that purpose. 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 1996 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County on an annual salary, approved February 28, 1966 (GA L. 1966, p. 2509), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court, sheriff, judge of the probate court, and tax commissioner of Murray County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 12th day of February, 1996. Sen. Steve Farrow, District 54 Rep. Jerry Lifsey, District 6 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 Notice of Intention to Introduce Local Legislation was published in the

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Chatsworth Times, which is the official organ of Murray County, on the following date: February 14, 1996. /s/ Steve Farrow Senator, 54th District Sworn to and subscribed before me, this 21st day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. RICHMOND HILL AREA CONVENTION AND VISITORS BUREAU AUTHORITY CREATION. No. 987 (House Bill No. 1678). AN ACT To create the Richmond Hill Area Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility and authority to promote tourism, conventions, and trade shows in Richmond Hill and Bryan County, Georgia; to provide for the creation and organization of the authority; to provide for the appointment of the membership of the authority and their terms of office, compensation, and qualifications; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for regulations; to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws; and for other purposes. SECTION 1. Short title. This Act will be known and may be cited as the Richmond Hill Area Convention and Visitors Bureau Authority Act. SECTION 2. Definitions and references. As used in this Act, the term: (1) Area means the geographic area of the city and of the county. (2) Authority means the Richmond Hill Convention and Visitors Bureau Authority.

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(3) City means the City of Richmond Hill. (4) Conventions means that term as defined in Article 3 of Title 48 of the O.C.G.A. (5) County means Bryan County, Georgia. (6) Special events means events which, in the judgment of the authority, will promote tourism in the area. (7) Tourism means that term as defined in Article 3 of Title 48 of the O.C.G.A. (8) Trade show means that term as defined in Article 3 of Title 48 of the O.C.G.A. SECTION 3. Creation of authority, status, tax exemption, and sovereign immunity. (a) There is created a body public and politic to be known as the Richmond Hill Area Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and by that name may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. Said authority shall be a convention and visitors bureau authority created by an Act of the General Assembly for a municipality for purposes of Code Section 48-13-51 of the O.C.G.A. and is intended to be an agency and instrumentality of the city and a governmental unit for purposes of Section 103 and Sections 141 and 150 of the Internal Revenue Code of 1986, as amended, and, as to the city, is intended to be a subordinated entity for purposes of Section 265(b)(3)(E)(ii) of the Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity 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. (b) The authority shall have its principal office in the city, and its legal situs or residence for the purposes of this Act shall be the city. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit, and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from

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taxes as are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned or operated, or both, by the authority. (d) The authority shall have the same immunity and exemption from liability for torts and negligence as the state, 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. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Bryan County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city. SECTION 4. Members and meetings. (a) The authority shall consist of seven members who shall be natural persons who shall be at least 18 years of age and shall be residents of the city. No official or employee of the city shall serve as a member of the authority. The mayor and the city council shall appoint the members of the authority, the mayor having the right to vote on such appointments. The terms of members shall expire on the last day of January of each year and appointments for the succeeding term shall be made in January with such appointments being effective as of the next February 1. Any member may resign at any time by filling a written notice of resignation with the city clerk. Members shall serve at the pleasure of the mayor and city council, and any member may be removed by majority vote of the mayor and city council, with or without cause, and neither the city nor the mayor nor any member of the city council shall be subject to any liability on account of such removal. (b) The authority shall meet at such times as may be necessary to transact the business coming before it. Meeting of the authority shall be open to the public in accordance with the laws of the state. Written minutes of all meetings shall be kept; and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and city council of the city. Meetings shall be conducted in accordance with Robert's Rules of Order. (c) At the first meeting of the authority, the members shall elect a chairperson, a vice chairperson, and a secretary-treasurer from its

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membership. Commencing in the year 1997, at the first meeting of the authority in February of each year, the members shall elect a chairperson, a vice chairperson, and a secretary-treasurer from its membership. The chairperson shall preside at meetings of the authority. The vice chairperson shall preside at meetings in the absence of the chairperson. In the absence of both the chairperson and vice chairperson, the members present at a meeting shall elect a temporary chairperson to preside at that meeting so long as the chairperson and vice chairperson both remain absent from the meeting. Four members shall constitute a quorum. Official action may be taken by majority vote of those members voting on a matter if a quorum is present and voting on such matter, except that the bylaws of the authority may only be initially adopted or subsequently amended by majority vote of all members. All members present at a meeting, including the chairperson, vice chairperson or any other member presiding at such meeting, shall be entitled to vote on all matters that come before the meeting, except as otherwise provided in subsection (f) of this section. 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. (d) Members shall receive no compensation for their services as members of the authority but may be reimbursed for their proper and reasonable expenses incurred in the performance of their duties, subject to any limitations imposed by general law on the reimbursement of public officials and subject to any limitations which may be contained from time to time in the bylaws of the authority. (e) (1) As used in this subsection, the term `substantial interest or involvement' means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member, as determined by the board of members by vote, which determination shall be final and not subject to review. (2) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to the members of the authority, and a member of the authority shall not engage in any transaction with the authority. The provisions of the immediately preceding sentence and the provisions of paragraph (9) of such Code section shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any member or any organization or person with which any member of the authority is in any way interested or involved, provided that: (A) Any interest or involvement by such members is disclosed in advance to the members of the authority who will be voting on the matter or transaction and such disclosure is recorded in the minutes of the authority; (B) No member having such a substantial interest or involvement may be present at that portion of any meeting of the board of

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members during which discussion of such matter or transaction is conducted; and (C) No member having a substantial interest or involvement may participate in any decision of the board of members relating to any such matter or transaction. A member who has any such substantial interest or involvement shall be entitled to participate in discussions of whether such interest or involvement is a substantial interest or involvement but shall not be entitled to vote on the question. (3) Nothing contained in this subsection or in Code Section 45-10-3 of the O.C.G.A. shall be deemed to prohibit any member from providing legal services to the authority, being paid for such services and related expenses, participating in discussions relating to his or her engagement, scope of services, compensation, or related matters or from voting on such matters. SECTION 5. Purpose. The purpose of the authority is to promote tourism, conventions, and trade shows within the area in such manner and manners as the authority shall determine to be appropriate. SECTION 6. Duty of the authority. It shall be the duty of the authority to promote tourism, conventions, and trade shows within the area. SECTION 7. Powers. (a) The authority shall have all powers allowed by law and consistent with the provisions of this Act as are necessary or convenient to carry out its corporate purpose, including, without limitation, the power to: (1) Adopt and alter a corporate seal; (2) Purchase advertising promoting tourism, conventions, trade shows, and special events; (3) Encourage, solicit, promote, procure, sponsor, co-sponsor, and service conventions, trade shows and special events; (4) Lend financial support through grants, contributions, or otherwise to other governmental entities in furtherance of its corporate purpose; (5) Lend financial support through grants, contributions, or otherwise to private sector for-profit and not-for-profit entities in furtherance

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of its corporate purpose, provided the authority determines that the residents of the area shall receive a substantial benefit therefrom; (6) Conduct activities to foster better public understanding on the part of individuals and businesses of the importance of tourism and the convention and visitors industry to the economy of the city and of the area; (7) Conduct activities to encourage and assist the cooperation between the businesses and industries servicing tourists, conventions, and special events; (8) Engage in fundraising activities in furtherance of its corporate purpose; (9) 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; (10) 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 purpose, 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 facility relating to tourism, conventions, trade shows, or special events on any lands, the title to which shall then be held by 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 such facility on any lands, the title to which shall then be held by the city, the county, or any other municipality incorporated in said county, the governing authority or body of the city, the 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 municipalities of the reasonable value of such lands, such value to be determined by mutual consent of said county or municipality and the chairperson of the authority; (11) Appoint, select, and employ an executive director, officers, agents, and employees, and independent consultants including but not limited to engineering, architectural, and construction experts, fiscal agents, economists, and attorneys and fix their respective compensations; and to delegate to the executive director the authority

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and responsibility necessary properly to administer the day-to-day business of the authority within policies set by the authority and subject to its review. The powers delegated to the executive director may, at the election of the authority, include the making of recommendations as to the hiring and termination of other employees and their compensation, the management of the authority's offices and properties, the making of budget recommendations, and the hiring of independent consultants; (12) Appoint an advisory committee and other committees of persons from the public and private sectors without regard to their place of residence; (13) To make contracts of every kind and character, and, without limitation, 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, the authority and the city shall be permitted to enter into the following: (i) contracts under which hotel-motel taxes collected by the city are paid to and expended by the authority as contemplated by paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A., (ii) contracts under which the authority purchases administrative and financial management services from the city to be performed by personnel at the city's cost, which shall include the costs of payroll, employee benefits, supplies, and overhead reasonably allocable to the performance of such services, and (iii) lease contracts relating to leases of real property, personal property, or both real and personal property; (14) 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; (15) 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 division thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (16) Borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue and validate revenue bonds pursuant to the provisions of Article 3 of Chapter 82 of Title 60, the Revenue Bond Law, to pay the project costs of any one or more facilities relating to tourism, conventions, trade shows, or special events payable solely from funds pledged for that purpose, and to refund such revenue bonds; such facilities shall

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be owned by the authority and may be operated by the authority, leased by the authority in whole or in part under true leases, which shall also be known as operating leases, or operated by others pursuant to one or more management contracts; revenues of the authority including but not limited to revenues derived by it from any such facilities and revenues derived from hotel-motel taxes received from the city may be pledged to the payment of debt service on such revenue bonds and other evidences of indebtedness of the authority; (17) Sell, lease, grant, exchange, or otherwise dispose of any property, both real and personal, or interest therein; (18) Sue and be sued in contract and in tort and to complain and defend in all courts; (19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, and trade shows; (20) Conduct studies and develop plans for improving tourism in the area; (21) Receive and disburse public funds appropriated by the city, including but not limited to revenues derived from the hotel-motel tax collected by the city; and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (22) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of the state to be exercised by private corporations which will further the authorityapos;s ability to accomplish such purpose, so long as the exercise of such power is not in conflict with the Constitution or laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and any other powers elsewhere in this Act or which may reasonably be inferred from the provisions of this Act. This Act shall be liberally construed to effect the described purposes, and in interpreting this Act, the courts are not to apply Dillon's Rule. SECTION 8. Budget and finances. The authority shall prepare an annual budget and submit the same to the mayor and city council of the city, which upon approval by the city council may, in the discretion of the city council, be funded in whole or in part with revenue received by the city from the hotel-motel tax, provided the

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authority complies with any provisions relative to the expenditure of said revenues contained in Article 3 of Chapter 13 of Title 48 of the O.C.G.A. as now in effect and any other conditions or criteria deemed proper by the mayor and city council of the city. SECTION 9. Bylaws. The authority may by affirmative vote of a majority of all members adopt bylaws to govern the authority, its employees, and operation and may by affirmative vote of all members repeal, replace, or amend such bylaws. SECTION 10. Liability limited. Neither the members of the authority nor any person executing bonds, notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution. SECTION 11. City not bound. The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city, provided that both the authority and the city shall be bound to each other by contracts, agreements, financial obligations or indebtedness between themselves. SECTION 12. Oversight. The mayor and city council of the city shall be authorized, by and through a committee of their own number or by any one or more persons they may select to inspect at their pleasure the state and condition of the authority, its properties, and all books and records pertaining to the authority and its affairs, and the authority shall give and furnish them with assistance in making such inspections. SECTION 13. Dissolution. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the city; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made

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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 such property at the time of such conveyance. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is hereby given that there will be introduced during the 1996 regular session of the General Assembly of Georgia a bill relative to the creation of the City of Richmond Hill Convention and Visitor's Bureau and for other purposes. This 7th day of February, 1996. Richard R. Davis, Mayor City of Richmond Hill, 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 published in the Richard Hill-Bryan County News, which is the official organ of Bryan County, on the following date: February 7, 1996. /s/ Ann R. Purcell Representative, 147th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. WALKER COUNTY STATE COURT; SOLICITOR; FULL-TIME DUTIES; ELECTION; COMPENSATION. No. 988 (House Bill No. 1706). AN ACT To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, so as to change the provisions relative to the solicitor of said court and the compensation of said solicitor; to repeal certain provisions of law relating to the solicitor of said court; to provide for a full-time solicitor; to provide that the solicitor of such court shall be elected at nonpartisan general elections without a prior nonpartisan primary; to prohibit the solicitor from practicing law in other courts; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended is amended by striking in its entirety subsection (a) of Section 5 as enacted by Section 2 of the amendatory Act approved April 17, 1973 (Ga. L. 1973, p. 3030), as amended by Section 2 of an Act approved April 11, 1979 (Ga. L. 1979, p. 3959), as amended by Section 2 of an Act approved March 20, 1986 (Ga. L. 1986, p. 4144), as amended by Section 2 of an Act approved February 27, 1990 (Ga. L. 1990, p. 3554). SECTION 2. Said act is further amended by striking Section 5A in its entirety and inserting in lieu thereof a new Section 5A to read as follows: SECTION 5A. (a) There shall be a full-time solicitor of the State Court of Walker County who shall be elected as provided by law. The solicitor of said state court of Walker County shall receive a salary of $60,000.00 per annum. Such salary shall be paid in equal monthly installments from the funds of Walker County. The solicitor shall not engage in the practice of law in any other court. (b) The solicitor of the State Court of Walker County shall be elected at nonpartisan general elections without a prior nonpartisan primary. Such elections shall be conducted as provided by general laws. SECTION 3. This Act shall become effective on May 1, 1996. 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 1996 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Walker County, approved March 5, 1957: (Ga. L. 1957, p. 2561) as amended; and for other purposes.

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This 29th day of January, 1996. MIKE SNOW REPRESENTATIVE 2nd DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael M. Snow, who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of Walker County, on the following date: February 7, 1996. /s/ Michael M. Snow Representative, 2nd District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. FAYETTE COUNTY HOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUMS. No. 989 (House Bill No. 1707). AN ACT To provide for residents of specified ages a homestead exemption from certain ad valorem taxes levied by Fayette County for county purposes and to provide a homestead exemption from certain Fayette County School District ad valorem taxes for educational purposes; to provide for all county residents a homestead exemption from certain ad valorem taxes for county purposes; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability, 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 Fayette County, except for Fayette

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County School District ad valorem taxes and except for ad valorem taxes to pay interest on and retire bonded indebtedness. (2) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Fayette County School District, except for Fayette County ad valorem taxes for county purposes and except for ad valorem taxes to pay interest on and retire school bond indebtedness. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2. (a) Each resident of Fayette County who is 62 years of age or older is granted an exemption on that person's homestead from all ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of such homestead. (b) The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3. (a) Each resident of Fayette County who is at least 62 years of age but less than 65 years of age is granted an exemption on that person's homestead from all ad valorem taxes levied for educational purposes in the amount of $4,000.00 of the assessed value of such homestead. (b) The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 4. (a) Each resident of Fayette County is granted an exemption on that person's homestead from all ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of such homestead. (b) The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 5. The exemptions granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. SECTION 6. After any such resident has been allowed any exemption provided in this Act, it shall not be necessary that such person make application for any year thereafter and any such exemption shall continue to be allowed to such person. It shall be the duty of any resident of Fayette County who has claimed the homestead exemption provided for in this Act to notify the tax

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commissioner of Fayette County in the event that resident becomes ineligible for any reason to receive any such homestead exemption. SECTION 7. The exemptions granted by this Act shall be in addition to any other homestead exemption from Fayette County ad valorem taxes for county purposes or Fayette County School District ad valorem taxes for educational purposes. SECTION 8. The exemptions granted by this Act shall not apply to or affect any state taxes, municipal taxes, or taxes to pay interest on or retire bonded indebtedness. SECTION 9. The tax commissioner of Fayette County shall provide application forms for the exemptions granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for any such exemption. SECTION 10. The exemptions granted by this Act shall apply to all tax years beginning on or after January 1, 1997. SECTION 11. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fayette County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fayette County and the Fayette County School District for approval or rejection. The election superintendent shall conduct that election at the time of the 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 Fayette County. The ballot shall have written or printed thereon the words: () YES () NO Shall the provisions of an Act be approved which provide a homestead exemption from Fayette County ad valorem taxes levied for county purposes in the amount of $4,000.00 of assessed value for persons who are 62 or older and which provide a homestead exemption from Fayette County School District ad valorem taxes for educational purposes of $4,000.00 of assessed value for persons who are at least 62 but less than 65?

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and () YES () NO Shall the provisions of an Act be approved which provide a homestead exemption from Fayette County ad valorem taxes levied for county purposes in the amount of $5,000.00 of assessed value? All persons desiring to vote for approval of Sections 2 and 3 of this Act shall vote Yes, on the first ballot question, and those persons desiring to vote for rejection of Sections 2 and 3 of this Act shall vote No. All persons desiring to vote for approval of Section 4 of this Act shall vote Yes, on the second ballot question, and those persons desiring to vote for rejection of Section 4 of this Act shall vote No on the second ballot question. If more than one-half of the votes cast on the first ballot question are for approval of Sections 2 and 3 of this Act, then Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 of this Act shall become of full force and effect immediately. If more than one-half of the votes cast on the second ballot question are for approval of Section 4 of this Act, then Sections 1, 4, 5, 6, 7, 8, 9, and 10 of this Act shall become of full force and effect immediately. If the election is not conducted as provided in this section, Sections 1 through 10 of this Act shall not become effective. If Sections 2 and 3 of this Act are not approved, such sections shall not become effective. If Section 4 of this Act is not approved, Section 4 shall not become effective. If Sections 2, 3, and 4 of this Act are not approved, Sections 1 through 10 of this Act shall not become effective. Any section of this Act which does not become effective shall be automatically repealed on the first day of January, 1997. The expense of such election shall be borne by Fayette County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 12. Except as otherwise provided in Section 11 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 Session of the General Assembly of Georgia a bill to grant a $4,000.00

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exemption from Fayette County ad valorem taxation to residents of Fayette County who are more than 62 years of age; to provide for related matters; and for other purposes. This 12th day of January, 1996. William R. McNally Attorney for Fayette County 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 the Fayette County News, which is the official organ of Fayette County, on the following date: January 18, 1996. /s/ Dan Lakly Representative, 105th District Sworn to and subscribed before me, this 29th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 Session of the General Assembly of Georgia a bill to increase the homestead exemption to $5,000.00 from Fayette County ad valorem taxation to residents of Fayette County; to provide for related matters; and for other purposes. This 7th day of March, 1996. William R. McNally Attorney for Fayette County 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

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the Fayette County News, which is the official organ of Fayette County, on the following date: March 9, 1996. /s/ Arthur B. Edge IV Senator, 28th District Sworn to and subscribed before me, this 12th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. WARE COUNTY STATE COURT; SOLICITOR; TERM; ELECTION; REFERENDUM. No. 990 (House Bill No. 1714). AN ACT To amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved August 13, 1904 (Ga. L. 1904, p. 225), so as to change the term of office of the solicitor of said court; to provide for the election of a successor solicitor; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Ware County, formerly the City Court of Waycross, approved December 11, 1897 (Ga. L. 1897, p. 510), as amended, particularly by an Act approved August 13, 1904 (Ga. L. 1904, p. 225), is amended by striking Section 2 of said Act and inserting in lieu thereof the following: SECTION 2. The successor to the solicitor of the State Court of Ware County in office on January 1, 1996, shall be elected at the November, 1996, general election for a term of office of four years to begin on the first day of January, 1997, at which time the term of office of the present incumbent solicitor shall expire. The solicitor shall serve until a successor is elected and qualified, and all vacancies shall be filled by appointment of the Governor from the time of such vacancy to the next general election, at which time a successor shall be elected to fill the unexpired term. No

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person shall be eligible to election as solicitor unless at the time of the election he or she shall have arrived at the age of 21 years, shall be a resident of said county four years, and shall be a practicing attorney-at-law for five years. 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 Ware County shall call and conduct an election for the purpose of submitting this Act to the electors of Ware 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 Ware County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which shortens the term of office of the presentincumbent solicitor of the State Court of Ware County so that such term of office shall expire on January 1, 1997, and which provides for the election of a successor solicitor at the 1996 general election? All persons desiring to vote for approval of the Act shall vote Yes, and those desiring to vote for the rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for the 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 Ware County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Ware County, formerly the City Court of Waycross, approved

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December 11, 1897 (Ga. L. 1897, p. 510), as amended, so as to provide for the term of office of the solocitor of said court; and for other purposes. Representative Harry Dixon District 168 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 10, 1996. /s/ Harry D. Dixon Representative, 168th District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. GWINNETT COUNTY MERIT SYSTEM; BOARD; POLITICAL ACTIVITY OF CLASSIFIED EMPLOYEES. No. 991 (House Bill No. 1745). AN ACT To amend an Act known as the Gwinnett County Merit System Act and authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board, approved April 18 1969 (Ga. L. 1969, p. 3051), as amended, so as to change the provisions relating to selection of board members, qualifications for members of the Merit System Board, and terms of appointment and vacancies; to change the provisions relating to political activity by employees of the classified service; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Gwinnett County Merit System Act and authorizing Gwinnett County and the governing authority thereof to appoint a Merit

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System Board, approved April 18 1969 (Ga. L. 1969, p. 3051), as amended, is amended by striking paragraphs (2), (3), and (4) of Section 3 of said Act and inserting in lieu thereof new paragraphs (2), (3), and (4) to read as follows: (2) Selection of board members. The governing authority shall select one candidate from each commissioner district for appointment to said board. The candidates shall be appointed to the county merit system board by the governing authority. When four members of the county merit system board have been selected in the manner set forth above, an election shall be called by the Gwinnett County Elections Board to select the fifth candidate for nomination to the county merit system board. Only those individuals who would fall within the category of classified employees of Gwinnett County shall have the right to vote for the fifth candidate to the merit system board. There shall be 30 days from the date the election is called by the elections board until the date the election shall be held. Any person desiring to have his or her name placed on the ballot must submit to the elections board a petition signed by at least 10 percent of the employees of Gwinnett County who would fall within the classification of classified employees as defined herein, at least ten days prior to the date of the election. In the event no individual receives over 50 percent of the votes cast in said election, there shall be an election held by the elections board within ten days of the date of the first election. A ballot shall be prepared by the elections board on which shall be placed the names of two individuals receiving the greatest number of votes cast. When a candidate is selected by the individuals who would fall within the class defined herein as classified employees, this individual shall be appointed to the merit system board by the governing authority as the fifth member of said board. The persons appointed to fill subsequent posts on the board shall be selected for appointment in the same manner as provided herein for the selection of the original members of the board. (3) Qualifications of board members. The governing authority shall not appoint to said board as a member thereof any person who: (i) has not been a resident of Gwinnett County for two or more years next preceding appointment to the board, excluding the fifth board member; (ii) shall hold an elective or appointive office in either federal, state, county, or municipal government, provided that prior appointment as a member of the board shall not disqualify a person from being reappointed hereto; or (iii) shall have held political office in or shall have been a salaried employee of Gwinnett County during the 12 months next preceding his or her appointment to the board, except that a candidate for appointment selected by the classified employees under the procedure as specified herein may be a salaried employee of Gwinnett County.

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(4) Terms of appointment; vacancies. The governing authority shall appoint the original members of the board for staggered terms. The length of the terms of the original members of the board shall be in the discretion of the governing authority, but shall not exceed four years. The person appointed from Commissioner District No. 1 shall fill Post No. 1 on the board. The person appointed from Commissioner District No. 2 shall fill Post No. 2 on the board. The person appointed from Commissioner District No. 3 shall fill Post No. 3 on the board. The person appointed from Commissioner District No. 4 shall fill Post No. 4 on the board. The person selected by the classified employees by the method set forth herein and appointed to the board shall fill Post No. 5 on the board. After the expiration of the terms of the members appointed to each respective post, the terms of members filling all subsequent posts shall be for four years. A vacancy in the membership of said board caused by a member's death, resignation, disqualification, or other condition shall be filled by appointment of the governing authority for the unexpired term of such member. No election is required to be held by the classified employees in order for the governing authority to appoint a person to fill an unexpired term for Post No. 5 on the board. SECTION 2. Said Act is further amended by striking Section 13 of said Act and inserting in lieu thereof a new Section 13 to read as follows: SECTION 13. Political activity. In applying the provisions of this Act or in doing any of the things hereby provided, no employee of the classified service shall be a candidate for or an officer of a political office with Gwinnett County during his or her employment with the county. County employees may not engage in any political campaign activities while on duty, while in the work place, while in uniform, or while using a county vehicle. This prohibited activity includes, but is not limited to, distributing information or soliciting contributions or services for any political party, political candidate, or organization while on duty. County employees may not use county funds, supplies, or equipment for such purposes. Nothing contained in this section shall be construed to restrict the right of any employee in the classified service to hold membership in and support a political party, to vote as he or she chooses, to express personal opinions on political subjects and candidates, to maintain political neutrality, or to attend political meetings during nonworking hours. However, county employees shall not participate either directly or indirectly in Gwinnett County elections, except for voting in such county elections. The Merit System Board shall be authorized to promulgate reasonable rules, in conformance

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with state or federal law, which restrict the political activities of employees in the classified service. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1996 Session of the General Assembly of Georgia, a bill to amend the Gwinnett County Merit System Act (Ga. Laws 1969, p. 3051, as amended), with regard to political activities of employees in the Classified Service and as to the revision of the qualification of Merit System Board members and for other purposes. Jere Johnson Representative 84th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jere W. Johnson, who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the following date: February 9, 1996. /s/ Jere W. Johnson Representative, 84th District Sworn to and subscribed before me, this 12th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. TOWN OF TALLULAH FALLS COUNCIL; QUORUM; VOTING; MEETINGS. No. 992 (House Bill No. 1848). AN ACT To amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, is amended by striking subsection (b) of Section 2.16 and inserting in lieu thereof the following: (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 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 require 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 of any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. SECTION 2. Said Act is further amended by striking Section 2.17 and inserting in lieu thereof the following: SECTION 2.17. Quorum; voting. The mayor or mayor pro tem and two councilmembers shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of two councilmembers, or two councilmembers and the mayor in case of a deadlock or tie, shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to amend an Act establishing a

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new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L 1984 p 3547), as amended, so as to change provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; and for other purposes. This 25th day of February, 1996 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 Northeast Georgian, which is the official organ of Habersham County, on the following date: February 19, 1996. /s/ Ralph Twiggs Representative, 8th District Sworn to and subscribed before me, this 28th day of February, 1996. /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 1996 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the Town of Tallulah Falls, approved February 6, 1984 (Ga. L. 1984, p 3547), as amended, so as to change provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; and for other purposes. This 19th day of February, 1996 Bradley Brown Mayor 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

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the Clayton Tribune, which is the official organ of Rabun County, on the following date: February 19, 1996. /s/ Ralph Twiggs Representative, 8th District Sworn to and subscribed before me, this 28th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. FRANKLIN COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 993 (House Bill No. 1878). AN ACT To amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), so as to correct technical defects in the boundaries between two commission districts; to provide for submission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), is amended by striking subsection (b) of Section 1 of said Act and inserting in lieu thereof a new subsection (b) to read as follows: (b) For the purpose of electing members of the board of commissioners, Franklin County is divided into four commissioner districts as set forth the description attached to this Act and made a part hereof and further identified as `Operator: local Client: franklin Plan: frankccex.' SECTION 2. It shall be the duty of the governing authority of Franklin 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: franklin Plan: frankccex District No. 1 FRANKLIN Tract: 9901. Block: 132, 133, 134, 135, 136, 138, 201, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 253, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279A, 279B, 280, 281, 285, 286, 287, 288 Tract: 9902. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 136, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392 Tract: 9903. Block: 135, 136, 157B, 160, 161, 162, 163, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 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 District No. 2 FRANKLIN Tract: 9901. Block: 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, 137, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183,

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184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 252, 282, 283, 284 Block Group: 3 Block Group: 4 Block: 501A, 501B, 501C, 502A, 502B, 503, 504, 505, 506, 507, 508, 509A, 509B, 510, 511A, 511B, 512, 513A, 513B, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 533, 534, 537, 539, 540, 541, 542, 546, 547, 548, 549, 550 District No. 3 FRANKLIN Tract: 9901. Block: 532, 535, 536, 538, 543, 544, 545, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585 Tract: 9902. Block: 121, 122, 123, 134, 135, 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, 262, 343, 344, 345, 346, 347, 348, 349, 350, 375, 376, 377, 378, 393, 394, 395, 396, 397 Block Group: 4 Tract: 9903. Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256 Tract: 9904. Block Group: 1 Block: 201A, 201B, 202A, 202B, 203A, 203B, 204A, 204B, 205A, 205B, 206, 207A, 207B, 208, 209, 213, 214, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 240, 241, 242, 243 District No. 4 FRANKLIN Tract: 9903. Block: 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, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157A, 158, 159, 164, 165, 166, 254, 255, 257, 258, 259, 260 Tract: 9904. Block: 210, 211, 212, 215, 216, 217, 218, 232, 233, 234A, 234B, 234C, 235A, 235B, 235C, 235D, 235E, 235F, 235G, 236, 237, 238, 239, 244A, 244B, 244C, 245, 246, 247, 248, 249A, 249B, 250, 251, 252, 253 Block Group: 3

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Block Group: 4 Block Group: 5 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to correct errors in the reapportioned district lines created by an Act of Legislation approved April 14, 1991 (Ga. L. 1992, p. 4681), as amended; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. This 16th day of February, 1996. Representative Alan Powell House District 23 Green Ashworth Attorneys at Law 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 Franklin County Citizen, which is the official organ of Franklin County, on the following date: February 22, 1996. /s/ Alan Powell Representative, 23rd District Sworn to and subscribed before me, this 6th day of March, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. CITY OF ATLANTA NEW CHARTER. No. 1019 (House Bill No. 1502). AN ACT To provide a new charter for the City of Atlanta; to provide for a bill of rights; 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 initiative and referendum; to provide for staff of the council; to provide for a city internal auditor and audit committee; to provide for their powers, duties, and authority; to provide for an elected officials compensation commission; to provide for a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for departments, boards, commissions, and authorities; to provide for a chief financial officer; to provide for a city attorney, a municipal clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a civil service system; to prohibit discrimination; to provide for residency of employees; to provide for credit preference, temporary employees, retirement, modification of pension plans, and other personnel matters; to regulate complaints, fraud, waste, and abuse; to provide for development plans; to provide for a citizen's service planning review commission; 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 court officers and personnel; to provide for the right of certiorari; to provide for selection and retention; 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 a budgeting commission; 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 certain specific local Acts; 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: THE CHARTER BILL OF RIGHTS The council, mayor, and all departments of government of the City of Atlanta shall be guided by the provisions of this Bill of Rights: 1. Religion and Conscience. The City of Atlanta shall not interfere with the freedom of each person in the city to follow the dictates of his or her own conscience concerning religious worship, nor shall the city support any religion.

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2. Speech, Assembly, and Press. The City of Atlanta shall not interfere with the rights of freedom of speech, of freedom of the press, to petition the government, or of peaceable assembly. 3. Unreasonable Searches and Seizures. The City of Atlanta shall not authorize any unreasonable search or seizure. 4. Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, religion, sex, marital status, sexual orientation, or national origin. Nothing herein shall prevent the City of Atlanta from remedying present discrimination or the present effects of past discrimination by a race-conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and State of Georgia. 5. Environmental Protection. The City of Atlanta shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and aesthetic qualities of the environment. ARTICLE 1 Name, Powers, and Boundaries SECTION 1-101. Name. The name of the city shall be the City of Atlanta which shall be a municipal corporation of the State of Georgia with perpetual duration. SECTION 1-102. Powers. (a) The City of Atlanta (hereinafter at times referred to as city) shall be the legal continuation of and successor to said city as heretofore incorporated; and may contract and be contracted with; may sue and be sued, and plead and be impleaded in all courts of law and equity and in all action whatsoever, and do all other acts relating to its corporate capacity; may purchase, lease, or otherwise acquire 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, lease, sell, or dispose of any such property; and shall have and use an official seal. (b) The city shall have all powers necessary and proper to promote the safety, health, peace, and general welfare of the city and its inhabitants. (c) The city shall have all powers now vested in the city and now or hereafter granted to municipal corporations by the laws of Georgia and shall have the power to do the following:

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(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 provide for the collection of license fees and taxes on privileges, occupations, trades, and professions, not in conflict with the general law of this state, and 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 assess, charge, and collect rentals, interests, fees, penalties, fines, and costs; to assess and collect fees, charges, and tolls for sewer and water services under such rules and regulations prescribed by ordinance; to levy and collect garbage, trash, refuse, and rubbish collection service charges and sanitary taxes under such rules and regulations as prescribed by ordinance; to collect income on investments and to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; (4) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (5) To appropriate and borrow money to provide for payment of the debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state; provided, however, such bonding authority shall be exercised in accordance with the laws governing the issuance of bonds by municipalities; (6) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, or any interest therein, inside or outside the corporate boundaries of the city and to dispose of said property or any interest therein by sale, lease, or easement; (7) 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; (8) To condemn property, inside or outside the corporate boundaries of the city, for present or future use, and for any corporate purpose deemed necessary by the council, under Title 22 of the O.C.G.A., as now or hereafter amended, including but not limited to an Act approved Feb. 20, 1945 (Ga. L. 1945, p. 690), granting to the city a fee simple title to property condemned upon payment of the condemnation of money, or under other applicable state Acts, including but not limited to an Act of the General Assembly of Georgia, approved March

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2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 360), as now or hereafter amended, and Section 6 of an Act of the General Assembly of Georgia, approved March 7, 1955 (Ga. L. 1955, p. 3025, Sec. 6). The city may also condemn any real property or interest therein necessary for the collection, conveyance, treatment and disposal of sewage, and other sanitary purposes both inside and outside the city, including but not limited to the waters known as Tanyard Branch and adjacent land. In addition, the city shall be authorized to construct water and sewer utility lines through private property by condemnation or agreement; provided, however, that the condemnation of an existing public use shall be denied unless it can be shown that the specific property to be condemned is absolutely essential to the condemning authority and the use to be condemned does not materially impair the existing public use; (9) To acquire, lease, construct, operate, maintain, regulate, control, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, natural gas systems, electrical power systems, transportation facilities, airports, and any other public utility inside and outside the corporate limits; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and liens, penalties, and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced, provided liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes; to assess the cost or a portion of the cost of such facilities and services against abutting property under such rules, procedures, terms, and conditions of payment and enforcement thereof as provided by ordinance, provided the council shall have no power or authority to sell or in any way alien the city's system of waterworks; (10) To grant franchises or make contracts for public utilities and public services as provided by law. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission, and may grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; the council may extend, renew, or amend a franchise at any time by mutual agreement of the parties and by adoption thereof by the council at two consecutive meetings. In all other cases, the council shall have no authority or power to grant, consent to, or permit the extension, removal, or change of the term for which franchises have been or may be granted or in any way to extend or renew the time for which permission has been or may be given to occupy the streets and public places, except and only during the 12 months immediately preceding the expiration of the term of such franchises and permit; and all extensions and renewals made in violation of this section shall be void;

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(11) To lay out, open, extend, widen, narrow, establish or change the grade of, vacate, abandon, or close, construct, pave, repave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, alleys, sidewalks, and walkways within the corporate limits of the city; to acquire land for such improvements and to assess the cost or a portion of the cost of payment and enforcement thereof against abutting property under such rules, procedures, terms, and conditions as provided by ordinance; (12) To undertake and expend tax or nontax funds to foster mutual understanding, tolerance, respect, and improvement of human relations among all citizens of the city; (13) To establish and fix a system of grading and draining of the streets of the city; and to cause the owners of lots or cellars to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located. After reasonable notice, the city shall be authorized to have said lots or cellars so drained or filled and the amount so expended collected by executions against the owner or occupant thereof; (14) To acquire, lease, construct, operate, maintain, regulate, control, sell, and dispose of public ways, parks, public grounds, cemeteries, markets, and market houses, public buildings, libraries, airports, auditoriums, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., as now or hereafter amended, or other applicable public Acts, or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia; (15) To require estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the term and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (16) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (17) To regulate or prohibit junk dealers; to regulate and control billiard rooms; to regulate and control pawnshops; to regulate the

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manufacture, sale, or transportation of intoxicating liquors; to regulate the use and sale of firearms; and 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; (18) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, or shows of any kind whatever, by taxation or otherwise; (19) To license, tax, regulate, or prohibit professional fortunetelling or palmistry; (20) 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; (21) To prescribe standards of safety and sanitation and to provide for the enforcement of such standards; (22) To regulate emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (23) To fix and establish fire limits and from time to time extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (24) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (25) To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; and to establish and operate incinerators for the purpose of disposal of garbage and other refuse of the city; (26) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees and to provide for the manner and method of

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collecting such service charges, provided that any such charges, taxes, or fees, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes; (27) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewage system and to levy on the users of sewers and the sewerage system a sewer service charge, fee, or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (28) To charge, impose, and collect a sewer connection fee or fees and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system; (29) To define, regulate, and prohibit any act, practice, conduct, 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 city and to provide for the enforcement of such standards; (30) To define a nuisance in the city and to provide for its abatement; to cause nuisances which are likely to endanger the health of the city or any neighborhood therein to be abated in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the council shall elect. The council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon failure or refusal to abate the same within ten days after written notice and hearing from the city to do so, said expense to be a lien upon the property for which execution may issue as for property taxes; (31) 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; (32) 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 city and to provide for the enforcement of such standards; to require adequate fire escapes on buildings; and to regulate or restrict smoking in public places, dangerous substances, and weapons;

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(33) To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county or other correctional institution, to jail, or to any other government agency, by agreement with the appropriate county officers or any other government agencies; or the council may provide programs of conditional leave or furlough persons given sentences by any court prior to completion of such sentences; (34) To adopt ordinances and regulations for the prevention and punishment of disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries, except as otherwise authorized under the Constitution and general laws of this state, and to prohibit and regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this state, is deemed by the council to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (35) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same in violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide for the location, use, and cleanliness of private stables; to forbid the erection of such stables when they are likely to be injurious to the health of citizens; and to provide punishment for violation of ordinances enacted hereunder; (36) 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 amounts prescribed by ordinance; to regulate and rent parking spaces in public ways for the use of such vehicles; to regulate transportation lines and terminals, pedestrian and vehicle traffic, parking, and common carriers; (37) 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; (38) To provide that upon the conviction of the violation of any ordinance, rule, regulation, or order such person shall be punished as provided by ordinance but not exceeding any limitations now or hereafter prescribed by the charter; (39) To develop for park or recreational purposes land adjacent to the banks of rivers, creeks, and other streams in counties of which the city is a part, which is now owned by the city or which may be dedicated or otherwise acquired by it for such purposes; and to solicit and accept

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grants of land adjacent to said banks and use the same for such purpose; and to abate in any manner provided by law any pollution of said rivers, creeks, or other streams caused by deleterious substances such as sewage of any kind, brush, logs, or other deleterious matter or things; and any of such pollution shall constitute a nuisance; (40) To levy taxes and to make appropriations for the purpose of advertising the city, its advantages, and resources, so as to bring new capital, commercial, manufacturing, and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of libraries; (41) To regulate and control streets, public alleys, and ways and the uses thereof; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any public street, public alley, or way or portion thereof for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and other bridges, overpasses, and underpasses for private use at such locations; and to charge a rental therefor in such manner as may be provided by ordinance; (42) To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances. This power to regulate land use shall include authority to identify, nominate, designate, and regulate historic zones or areas, whether such zones or areas are individual buildings, structures, or sites, or are combinations of buildings, structures, or sites, so as to promote the public health, safety, and morality, and the educational, aesthetic, cultural, economic, and general welfare of the city, by preserving and protecting historic buildings, structures, and sites and combinations thereof. It shall also include authority to empower the Atlanta Urban Design Commission to: prepare inventories and conduct studies and surveys; prepare and promulgate administrative design criteria for historic zones or areas; apply for and use public or private funds; hold public hearings; review urban design aspects, including works of art, of public projects and private projects impacting public property; identify, nominate, and make recommendations regarding historic zones or areas; prohibit or authorize, conditionally or otherwise, construction, demolition, or alteration within or of designated historic zones or areas and issue permits relative thereto; and in connection therewith, may form a three-person panel of real estate and economic experts to render decisions and advice regarding economic hardships affecting historic properties; administer Atlanta's historic preservation regulations; promulgate administrative rules governing the commission's operating procedures; and perform other similar historic preservation and urban design functions. It shall also include authority to provide for appeals of final decisions of the urban design commission to the Superior Court of Fulton County;

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(43) To engage the necessary personnel to administer and enforce ordinances, rules, and regulations adopted by the council; (44) To inspect, weigh, measure, and otherwise regulate any products grown, mined, manufactured, or otherwise produced or acquired; (45) To regulate by licenses, bonds, permits, or otherwise, or restrict, the manufacture, sale, lease, rental, use, or solicitation of any real or personal property and the presentation of any services or spectator activities; (46) To regulate or restrict through permits, fees, codes, review boards, or otherwise the construction, use, and maintenance of real or personal property and the emission and disposal thereon or therefrom of any substance that tends to pollute land, water, or air; (47) To enforce city ordinances outside the city limits along and for 50 feet on all sides of transportation lines in unincorporated Fulton County and to the end of transportation lines, except as to railroads, along and for 300 feet on all sides of city water mains and along and for ten feet on all sides of the city sewer lines and sewage treatment property; (48) To make contracts for and to accept grants-in-aid and loans from the federal, state, city, and county governments and their authorities and other agencies for constructing, expanding, examining, and operating any project or facility or performing any function, which the city may be authorized by law to provide or perform; (49) To provide for post entry training, blanket surety bonds, federal social security, and other employee services; (50) To establish a civil defense plan for the continuity of city government in the event of any enemy attack or other emergency; (51) To grant to city police officers the same power in the unincorporated areas of Fulton County to make arrests, to execute and return all criminal warrants and processes, and exercise other powers as peace officers as sheriffs have; (52) To build, repair, or put in a safe condition a bridge or the approaches thereto across tracks and roadbeds at the expense, with interest and cost, of a railroad or railroad company in the case of the latter's failure after reasonable notice to do so when the council shall have declared the same necessary for the protection of human life. Execution may issue therefor, as other executions are issued by the city, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate of 7 percent per annum; provided, however, that nothing in this paragraph shall require railroads or railroad companies to build bridges otherwise than is required by the general laws of this state, or the charter of

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such railroad companies, respectively, except in all cases in which a public street was in existence before the tracks of any such railroad or railroad companies were laid or placed across any such public streets; (53) Group life insurance for all officers and employees of the City of Atlanta and the Atlanta Board of Education shall be managed by a board of trustees consisting of 18 trustees, whose initial terms of office shall commence on the third Thursday in March, 1978. Twelve trustees shall be elected for staggered terms of four years as follows: Two by employees of the City of Atlanta's Department of Public Works, two by employees of the City of Atlanta's Department of Public Safety, six by officers and employees of the Atlanta Board of Education and two by officers and employees of the City of Atlanta outside the departments, bureaus, and offices set forth above. In February, 1980, and February of each even-numbered year thereafter, an election shall be held to fill the vacancies of those trustees whose terms expire on the third Thursday of March of each such year. For the initial election of said trustees, that trustee of the two trustees elected by employees of the department of public works who receives the larger number of votes from said employees shall serve for a term of four years, with the trustee who receives the fewer number of votes from said employees serving for a term of two years. That trustee of the two trustees elected by employees of the department of public safety who receives the larger number of votes from said employees shall serve for a term of four years, with the trustee who receives the fewer number of votes from said employees serving for a term of two years. Those three trustees of the six trustees elected by officers and employees of the Atlanta Board of Education who receive the largest number of votes from said officers and employees shall serve for terms of four years, with those three trustees who receive the fewest votes from said officers and employees serving for terms of two years. That trustee of the two trustees elected by officers and employees of other departments, bureaus, and offices who receives the larger number of votes from said officers and employees shall serve for a term of four years, with the trustee who receives the fewer number of votes from said officers and employees serving for a term of two years. One trustee shall be elected as chairperson of the board, and one trustee shall be elected as vice-chairperson of the board for terms of two years by the 12 elected members of the board of trustees from among their number, provided that said chairpersonship and vice-chairpersonship shall be held by a representative of City of Atlanta officers and employees and a representative of the Atlanta Board of Education officers and employees on an alternating basis. If said chairperson or vice-chairperson is a licensed insurance agent or counselor, he or she shall not be affiliated with any insurance company with which the board of trustees shall maintain insurance coverage for its officers and employees. The remaining six trustee positions shall be ex officio, nonvoting positions

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and shall be filled by the city's chief financial officer, who also shall serve as secretary-treasurer of said board, director of purchasing and real estate, and commissioner of the department of personnel and human resources, and the Atlanta Board of Education's comptroller, purchasing agent, and director of the department of personnel and human resources. Said board shall be required to meet at least twice each year. A majority of the voting members shall constitute a quorum for meeting purposes. Said board shall have the power to adopt bylaws putting into effect these provisions and other provisions relating to meetings of the board, the filling of vacancies occurring on said board, and such other matters pertaining to the management of group insurance as may properly come under its supervision. Said board, exclusive of those trustees representing officers and employees of the Atlanta Board of Education, shall also manage the hospitalization and major medical insurance for the officers and employees of the City of Atlanta, including the power to adopt bylaws relating to meetings, election of officers, and such other matters relating to the management of group hospitalization and major medical insurance as may properly come under its supervision; (54) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (55) 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; (56) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter, as fully and completely as if such powers were fully enumerated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and general laws of the State of Georgia, and to do, perform, and render (or refrain therefrom) all things necessary or convenient to the carrying out of the objects of the powers, duties, and requirements set forth anywhere in this charter. No enumeration 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 cities under the Constitution or applicable public laws;

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(57) To appropriate moneys from the general fund for the purchase of evidence and the purchase of information by law enforcement officers of the city in the performance of their official duties; (58) To exercise the power and to provide services in the area of public housing; to make appropriations and to authorize the expenditure of funds for such purposes; and to provide a definition of public housing; (59) To cooperate or join, by contract or otherwise, with other cities, with the state or nation, or other governmental bodies, singly or jointly, or in districts or associations, for promoting or carrying out any of the powers of the city for the sharing of tax base or revenue with other governments, for agreements concerning allocation of taxes among other governments to the extent such allocation is or becomes authorized under the Constitution of Georgia, or for the acquisition, construction, or operation of any works, plants, or structures convenient or necessary for carrying out any of the purposes or objects authorized by this charter; (60) To transfer or consolidate functions of the city government to or with appropriate functions of the state, county, or other municipal government, or to make use of such functions of the state, county, or other municipal government and, in the case of any such transfer or consolidation, the provisions of this charter and code of ordinances providing for the function of the city government so transferred or consolidated shall be deemed suspended during the continuation of such transfer or consolidation to the extent that such suspension is made necessary or convenient by said transfer or consolidation and is set forth in the contract or other document establishing such transfer or consolidation. SECTION 1-103. Legislative powers. (a) All legislative powers of the city are hereby vested in the council (hereinafter at times referred to as the governing body), except those powers specifically reserved in this charter to the electors of the city. The power to levy, assess, and provide for the collection of all taxes and fees authorized to be levied, assessed, and collected by the city by general law and this charter shall be vested in the council. (b) The council shall adopt and provide for the execution of such ordinances, resolutions, and rules, not inconsistent with this charter, as shall be necessary or proper for the purpose of carrying into effect the powers and duties conferred by this charter and may enforce all ordinances by imposing penalties and fines for the violation thereof not to exceed a $1,000.00 fine or six months' imprisonment, or both.

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SECTION 1-104. Executive powers. All executive and administrative powers of the city are hereby vested in the mayor and such other administrative officers, departments, and agencies created or continued by this charter or now or hereafter established by ordinance. SECTION 1-105. Boundaries. The corporate boundaries of the city shall be the same as those of the City of Atlanta as provided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The municipal clerk shall maintain a current map and written legal description indicating the boundaries and council districts of the city. ARTICLE 2 LEGISLATIVE Chapter 1. The Council SECTION 2-101. Composition; term of office. Effective with the regular municipal elections of November, 1997, the qualified electors of the city shall elect 15 representatives, in accordance with the provisions of this charter, to serve as a city council. Twelve representatives shall be elected from 12 individual council districts apportioned in accordance with the provisions of this charter. Three representatives shall be elected at large and shall represent residency posts as follows: Post 1 which shall consist of contiguous Council Districts 1 through 4; Post 2 which shall consist of contiguous Council Districts 5 through 8; and Post 3 which shall consist of contiguous Council District 9 through 12. At-large representatives must be residents of the residency posts from which they are elected. SECTION 2-102. Qualifications. (a) To qualify for election as a councilmember, a person: (1) Must be at least 18 years of age; (2) Must be a resident of the city and of the council district from which he or she seeks to qualify for at least one year immediately

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preceding the date of his or her filing of notice of candidacy to seek office; (3) Must be a qualified elector of the city; and (4) Must not be an employee of the city. (b) To hold office as a councilmember, a person: (1) Must continue to possess the qualifications prescribed in subsection (a) of this section; (2) Must, if elected from one council district or residency post, continue to reside in the same council district or post from which elected; and (3) Must not hold any other elective public office. (c) The one-year residency requirement as provided in subparagraph (a)(2) herein shall not be applicable to persons seeking election to the council if this charter is amended by the General Assembly reapportioning council districts of the city. Under such circumstances, persons seeking election to the council must have been a resident of the city and the council district from which he or she seeks to qualify for at least six months. (d) The council shall be the judge of the qualifications of its members. Chapter 2. President of the Council SECTION 2-201. Election; term. The president of the council shall be elected from the city at-large for a term of four years commencing on the first Monday in January after each regular municipal election as provided in this charter and shall serve until his or her successor has taken office. SECTION 2-202. Qualifications. (a) To qualify for election as president of the council, a person: (1) Must be at least 18 years of age; (2) Must be a resident of the city for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office; (3) Must be a qualified elector of the city; and (4) Must not be an employee of the city.

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(b) To hold office as president of the council, a person: (1) Must continue to possess the qualifications prescribed in subsection (a) of this section; and (2) Must not hold any elective public office. SECTION 2-203. Powers and duties; limitations. (a) The president of the council: (1) Shall preside at meetings of the council but shall not be a member of that body; (2) Shall vote only in the case of a tie vote of the council; (3) Shall appoint the members and chairpersons of such committees as may be established by the council pursuant to its rules, and fill vacancies therein, provided any such appointments shall be subject to rejection by a majority vote of the total membership of the council; and the president of the council shall not be a member of any said committees; (4) Shall exercise all powers and discharge all duties of the mayor in the case of a vacancy in the office of mayor or during the disability of the mayor; (5) Shall be authorized to compel the attendance of councilmembers by subpoena, subject to the rules of council; (6) Shall have such further powers and perform such other duties consistent with law as may be provided by ordinance or resolution of council; and (7) May speak to any pending matter before the council but shall not introduce ordinances or resolutions. (b) If the president speaks to a matter pending before the council, the president shall temporarily relinquish his or her role as presiding officer to the president pro tempore while speaking to such matter. (c) If the president of the council exercises the powers and discharges the duties of the mayor as provided in subsection (a) herein, he or she shall not exercise any of the powers and duties enumerated herein. Chapter 3. Organization, Rules, Officers and Employees SECTION 2-301. Organizational meeting; oath of office. The council shall meet for organization in the council chamber, or any other designated public place, on the first Monday in January following

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each regular election, or, if such Monday is a legal holiday, then on the next following day not a legal holiday. The mayor, president of the council, and councilmembers shall take and subscribe before a judge of the superior court, or any official authorized to administer oaths, the following oath of office: I do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of the mayor, the president of the council or councilmember of the City of Atlanta, Georgia, during my term in office. I will not knowingly permit my vote in the election or appointment of any person to a position in the city government to be influenced by fear, favor, or affection, reward or expectation thereof. In all things pertaining to my said office, I will be governed by the public good and interests of the city. I will observe the provisions of the charter, ordinances, and regulations of the City of Atlanta. I further swear that I will support and defend the Constitutions and laws of the State of Georgia and of the United States of America. SECTION 2-302. Rules; quorum; voting. (a) The council shall by ordinance adopt and publish rules to govern its proceedings and transactions of business consistent with the provisions of this charter. (b) A majority of the councilmembers, excluding the president, shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members. The council may by ordinance provide methods to compel the attendance of its members and to punish for the violation thereof. (c) The affirmative vote of a majority of the councilmembers shall be required for the transaction of business and the passage of ordinances and resolutions, except as otherwise provided by law. Where no quorum can be assembled except by the filling of vacancies, a smaller number of members may transact business by a majority vote of members present to the extent necessary to fill such vacancies in the membership of the council as provided in this charter and by law. Should the number of vacancies in the membership of the council be one-half or greater than its total membership, the remaining members of the council shall cause to be called a special election to fill such vacancies. (d) No member of the council, or the president of the council, shall vote on matters involving the consideration of his or her own conduct, which would inure to his or her financial or personal interests, or which would be a conflict of interest as provided in Chapter 4 of Article 5 herein or by ordinance. Such member of the council shall, prior to the vote being taken, publicly state the nature of his or her interest in the matter from which he or she is abstaining from voting. (e) No councilmember present at a meeting shall abstain from voting for any reason other than those provided herein.

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SECTION 2-303. Meetings. (a) The rules of the council shall provide for the time and place of holding regular meetings which shall be held at least twice each month on the first and third Monday with the exception of July and December. If such Monday is a legal holiday, then the meeting shall be held on the next day not a legal holiday. The council shall designate in its rules the place for holding regular meetings and shall designate a time for such meetings which is convenient for public participation. The council shall be in recess during the second cycle of committee and council meetings in July and December of each year. (b) Special meetings of the council may be called by the president of the council or mayor and shall be called by the president upon the written demand of at least seven members of the council. Notice of any special meeting shall be made as provided by Code Section 50-14-1 of the O.C.G.A., as now or hereafter amended. No business may be transacted at such special meeting other than that specified in the call and notice of such meeting. (c) All meetings of the council and of the committees and of every agency, board, commission, and authority, or similar body of the city, shall be public in the same manner and to the same extent as required by Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings, as now or hereafter amended. Any person shall have access to the minutes and records thereof at reasonable times in the same manner and to the same extent as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, as now or hereafter amended. (d) The council and its committees shall provide a reasonable opportunity for the public to be heard during its meetings. The council shall prescribe rules and regulations for the receipt of such comments from the public. SECTION 2-304. Election of president pro tempore. At its first regular meeting in January of each year, the council shall elect one of its members as president pro tempore who shall act as the presiding officer in the absence of the president of the council and, in case of disability of the president of the council or of vacancy in the office of the president of the council, shall exercise the powers and duties which remain in the president of the council under the provisions of this article. The president pro tempore shall not lose his or her rights as a member of the council during any temporary absence or disability of the president of the council. When the president pro tempore is serving during the temporary absence or disability of the president, he or she cannot also vote as the president of the council.

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SECTION 2-305. Succession to offices of mayor and president of council. The council shall by ordinance establish a line of succession to the offices of mayor and president of council beyond that specified in this charter. SECTION 2-306. Compensation and expenses of elected officials. (a) The council may by ordinance change the annual salary of the mayor, the president of the council, or councilmembers, subject to the following conditions and requirements: (1) Such action shall take into consideration any recommendation made by the Elected Officials Compensation Commission as provided in Chapter 7 in this article; (2) No action to increase such salaries shall be taken until notice of intent to take the action has been published in a newspaper of general circulation designated as the legal organ in the county and in the city at least once a week for three consecutive weeks immediately preceding the week during which the action is taken; (3) Any action to change such salaries shall not become effective until the date of commencement of the terms of the mayor, president of the council, and councilmembers elected at the next regular municipal election following such action; (4) Such action shall not be taken during the period between the date when the candidates for election to the positions of mayor, president of the council, and councilmembers may first qualify as candidates and the date when the mayor, president of the council, and councilmembers take office following their election; and (5) The amount established for each councilmember shall be the same. (b) As used in this section, the words salary or compensation shall include any expense allowance or any form of payment or reimbursement of expenses, except reimbursement of expenses actually and necessarily incurred by the mayor, president of the council, or councilmember in carrying out his or her official duties. The council is authorized to provide by ordinance for the reimbursement of such actual and necessary expenses. SECTION 2-307. Municipal clerk. (a) There shall be a municipal clerk, who shall be appointed and removed by the council in accordance with this section. To be eligible to occupy this

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position, the municipal clerk must be designated a certified municipal clerk by the Georgia Municipal Association and the Georgia Finance Officers Association, or by an equivalent certifying agency from another state, or must receive such certification within one year following his or her appointment. No member of the council shall be eligible for appointment. The municipal clerk shall be appointed and removed at the pleasure of the council upon a majority vote of its membership. The municipal clerk need not be a resident of the city at the time of his or her appointment but shall establish residence in the city at the time of appointment and continue to reside in the city throughout such appointment. (b) The municipal clerk shall be the custodian of the official seal and of all records and documents of the city which are not assigned to the custody of some other officer. The clerk, or his or her designee, shall keep the rules of the council and the minutes of the proceedings of the council, maintain a current and comprehensive index of all ordinances and resolutions, publish notice of ordinances proposed for adoption under rules prescribed by council or required by this charter or law, and perform such other duties as may be assigned by this charter or by ordinance. (c) The municipal clerk shall be responsible to the council and perform the duties of his or her office under the direction and supervision of the president of the council and the committee designated by the council, acting through its chairperson. SECTION 2-308. Staff of council and president of the council. (a) Staff of council. The council shall be authorized to employ such employees as may be necessary for the proper discharge of its functions. Adequate facilities and office space for such staff shall be provided for by the council. (b) Staff of president of the council. The president of the council shall be authorized to employ such employees as may be necessary for the proper discharge of the functions of the office of president of the council. Adequate facilities and office space for such staff shall be provided. (c) Director of council staff. (1) The council shall appoint a director of council staff who shall not be a member thereof. The director of council staff shall be appointed and removed at the pleasure of the council upon a majority vote of its membership. The director of council staff need not be a resident of the city at the time of his or her appointment but shall establish residence in the city at the time of appointment and continue to reside in the city throughout such appointment. (2) The director of council staff shall supervise all research undertaken on behalf of the council and shall further supervise the

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provision of administrative support to hearings and meetings of committees and subcommittees of the council and shall perform such other duties as may be assigned by this charter or by ordinance. (3) The director of council staff shall be responsible to the council, and shall perform the duties of his or her office under the direction and supervision of the president of the council and the committee designated by the council. Chapter 4. Procedures of Council SECTION 2-401. Form of legislation. Every official act of the council having the force and effect of law shall be by ordinance and shall begin with the words: The City Council of the City of Atlanta, Georgia, hereby ordains.... All other actions shall be by resolution or shall take such other form as prescribed by rules of the council. SECTION 2-402. Introduction, consideration, passage, and publication of legislation. (a) Every proposed ordinance and every amendment shall embrace one subject which shall be clearly expressed in its title. (b) No ordinance shall be passed and adopted until it has been read by title at two regular meetings not less than one week apart, except for emergency ordinances as provided in subsection (c) herein. (c) To meet a public emergency threatening life, health, property, or public safety, the requirement herein for ordinances may be dispensed with, and the emergency ordinance may be passed and adopted on the same day of its introduction. The emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and contain 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 it may be rejected at the meeting at which it is introduced, but the affirmative vote of two-thirds of the members of the city council shall be required for adoption. Any emergency ordinance shall become effective upon adoption or at such later time as specified within the ordinance. Every emergency ordinance shall be automatically repealed on the sixteenth day following the date on which it was adopted; however, should the emergency still persist, this shall not prevent reenactment of the ordinance in the manner specified in this section. An emergency ordinance also may be repealed by adoption of a repealing ordinance in the

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same manner specified in this section for the adoption of emergency ordinances. (d) The passage of all ordinances shall be contingent upon the recording in the minutes of council proceedings of the ayes and nays of each councilmember and the names of the members voting for and against each proposed ordinance or amendment, those abstaining, and those absent. (e) The caption or title of every ordinance, excluding emergency ordinances, showing its general contents shall be published once, within seven days after the proposed ordinance has been introduced, in a newspaper of general circulation in the city and such electronic media as determined by the council, and shall include notice that a copy thereof is available in the office of the municipal clerk for public inspection and purchase at any reasonable time. SECTION 2-403. Submission to mayor; mayor's veto. Every ordinance or resolution adopted by the council shall be signed by the president of the council, certified by the municipal clerk, and presented to the mayor's office within two calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight calendar days after adoption, and no ordinance or resolution shall become effective without the mayor's approval except as herein provided. If the mayor vetoes an ordinance or resolution, he or she shall within two business days of such veto return it to the council accompanied by a written statement of the reasons for the veto. If the council shall pass the ordinance or resolution by a vote of two-thirds of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his or her approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without such approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation which is not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution. SECTION 2-404. Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. A copy of each adopted code of technical regulations shall be made available by the municipal clerk for public inspection at any reasonable time or for purchase at a reasonable price.

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SECTION 2-405. Codification and printing. The council shall provide for the continuous updating, revision, codification, and printing of all ordinances of general application, copies of which shall be made available to the public at reasonable cost. The municipal clerk shall file any ordinances amending or revising the charter as required by Code Section 36-35-3 of the O.C.G.A., as now or hereafter amended. SECTION 2-406. Hearings and investigations. (a) The council, or any committee composed entirely of councilmembers to which such power is specifically granted by the council, shall be authorized to conduct hearings and investigations of the operations and affairs of the city or of any office, department, or agency thereof, and for such purpose the council or said designated committee thereof shall have power to compel the attendance of witnesses by subpoena, administer oaths, take testimony, and require the production of documents and other evidence at any meeting thereof. The conduct of such proceedings shall be subject to such rules and regulations as the council may prescribe. (b) If any person duly subpoenaed as a witness shall fail to appear or appearing refuse to testify or produce such books and papers, the council shall report such failure to any court of record or judge thereof, who may make such order as shall be proper as to the future appearance of the witness for the purpose of giving testimony and for the production of any such books and papers and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith. SECTION 2-407. Quadrennial relegation of pending legislation. Following the general election, and on a quadrennial basis, all pending legislation in committee will be automatically terminated by being adversed or filed at the end of the last council meeting in December of that year. Chapter 5. Initiative and Referendum SECTION 2-501. Initiative and referendum. (a) The council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the council shall authorize an initiative or referendum election on petition of

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at least 15 percent of the registered voters qualified to vote in the preceding general municipal election. (b) The council shall be authorized to submit to the qualified voters of the city at any election not called only for the purpose of putting said ordinance or resolution before the voters any ordinance or resolution which it may deem proper; and in the event a majority of voters shall vote for this ordinance or resolution, it shall be adopted. If a majority of the votes so cast are against the resolution or ordinance, it shall be defeated and shall not thereafter be adopted by the council until resubmitted to and adopted by the qualified voters of the city. If it receives a majority vote of the people and becomes effective, then it can only be repealed by a majority vote of the qualified voters voting at an election for such purpose. Chapter 6. City Internal Auditor SECTION 2-601. Selection; removal. (a) There is hereby created the office of city internal auditor. The city internal auditor must be a certified internal auditor or a certified public accountant, demonstrating at least ten years' experience in public financial and fiscal practices, performance and financial auditing, and municipal accounting. The city internal auditor shall be appointed by a majority of the members of the audit committee, subject to confirmation by a majority of the council, for a period not to exceed six years. Removal of the city internal auditor from office before the expiration of the designated term shall be for cause by a vote of two-thirds of the members of city council. (b) The city internal auditor need not be a resident of the city at the time of his or her appointment, but he or she shall reside in the city within six months of such appointment and continue to reside therein throughout such appointment. (c) The city internal auditor shall not be involved in partisan political activities or the political affairs of the city. SECTION 2-602. Appointment of assistants and employees. (a) Within the budget approval process and established personnel policies for all departments, the city internal auditor shall have the power to appoint, employ, and remove such assistants, employees, and personnel as he or she may deem necessary for the efficient and effective administration of the office. The present employees in the division of internal auditing of the finance department are hereby transferred to the city internal auditor's office and shall serve such assistants and employees to the city internal auditor as provided herein.

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(b) Professional employees employed in this office shall serve in unclassified positions. The city internal auditor shall appoint such other employees subject to the civil service rules, and such employees shall be within the civil service system of the city. (c) Neither the members of the council, the president of the council, nor the mayor shall in any manner dictate the appointment or removal of any such officer or employee whom the auditor is empowered to appoint. SECTION 2-603. Powers and duties. The city internal auditor and city internal auditor's office shall be charged with the following duties and responsibilities: (1) To conduct performance and financial audits of all departments, offices, boards, activities, and agencies of the city in order to independently determine whether: (A) Activities and programs being implemented have been authorized by the council, state law, or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws; (B) The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, and effectively and in a manner consistent with the objectives intended by the authorizing entity or enabling legislation; (C) The organization, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices, such as inadequacies in management information systems, internal and administrative procedures, organization structure, use of resources, allocation of personnel, purchasing policies, and equipment; (D) The desired result or benefits are being achieved; (E) Financial and other reports are being provided that disclose fairly, accurately, and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities, and that is necessary to establish a proper basis for evaluating the results of programs and activities including the collection of, accounting for, and depositing of revenues and other resources; (F) Management has established adequate operating and administrative procedures and practices, systems, or accounting internal control systems and internal management controls; and

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(G) Indications of fraud, or abuse or illegal acts are present; (2) To submit at the beginning of each fiscal year an audit schedule to the Audit Committee for review and comment. The schedule shall include the departments, offices, boards, activities, subcontractors, and agencies subject to audit for the period. This schedule may be amended during the period after review by the Audit Committee. Additionally, the city auditor may initiate and conduct any other audits deemed necessary; (3) To submit an annual report to the council and mayor indicating audits completed, major findings, corrective actions taken by administrative managers, and significant findings which have not been fully addressed by management; (4) To perform such other duties and responsibilities as provided for by this charter or ordinance. SECTION 2-604. Audit Committee; established; powers and duties generally. (a) To ensure independence of the audit function, an Audit Committee is hereby established. The Audit Committee is a management committee and not a public board, commission, or committee as specified in Article 3 herein. The Audit Committee shall be comprised of five voting members who shall include the mayor or mayor's appointee, the president of the council or the president's appointee, and three at-large members appointed by the entire city council. The three at-large members shall be residents of the city with expertise in auditing, preferably internal or management auditing, and shall be either a certified public accountant, certified internal auditor, or certified management auditor. Of the three at-large members initially appointed, one member shall be appointed for a term expiring on January 31, 1998; one member shall be appointed for a term expiring on January 31, 1999; and one member shall be appointed for a term expiring on January 31, 2000. Thereafter, members shall be appointed for three-year terms. Members of the committee shall select a chairperson from among its members yearly. (b) The Audit Committee shall consult with the city internal auditor regarding technical issues and work to assure maximum coordination between the work of the city auditor's office and the needs of the council, the mayor, and departments and the coordination of external audit efforts. (c) The Audit Committee shall meet as needed to perform its duties but shall not meet less than once quarterly and shall be responsible for: (1) Providing general direction to the internal audit function by reviewing the internal auditor's annual audit plan and any proposed

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amendments thereto and submitting the plan and the committee's recommendations to the council; (2) Reviewing and approving internal audit reports before the final audit report is issued; (3) Sending copies of draft and final internal audit reports to the mayor, president of the council, and members of the council; (4) Performing an evaluation of the city internal auditor annually and reporting the results of the evaluation and effectiveness of the audit function annually to the council; (5) Providing oversight of the external audit efforts and coverage; and (6) Performing such other duties as provided for by an ordinance of the council. SECTION 2-605. Access to records and property. (a) All city officers and employees shall allow the city internal auditor immediate access to any and all books, records, documents, and other requested information, including automated data, pertaining to the business of the city and within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or other official duties. In addition, such officers and employees shall provide access for the auditor to inspect all property, equipment, and facilities within their custody. Further, all contracts with outside contractors and subcontractors shall provide for the city auditor's access to all financial and performance-related records, property, and equipment purchased in whole or in part with city funds and facilities. (b) The city internal auditor shall not publicly disclose any information received during an audit that is considered confidential by nature by any local, state, or federal law or regulation. (c) Any reports issued by the internal auditor shall be made available for public inspection or copying at a reasonable cost. SECTION 2-606. Quality assurance reviews. (a) The audit activities of the city internal auditor's office shall be subject to a quality review at least every three years by a professional, nonpartisan objective group utilizing guidelines endorsed by the National Association of Local Government Auditors or the State Auditors' Association of the United States General Accounting Office. A copy of the written report of

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the independent review shall be furnished to the council, president of the council, mayor, and members of the Audit Committee and made available to the public. (b) The quality review shall determine compliance with generally accepted governmental auditing standards and the quality of audit effort and reporting, including but not limited to staff qualifications, due professional care, and quality assurance; fieldwork standards such as planning, supervision, and audit evidence; and reporting standards such as report content, presentation, and timeliness. (c) The city shall reimburse travel and living expenses for the quality review team from funds budgeted in the city internal auditor's budget or other in-kind support. SECTION 2-607. Funding of auditor's office. The council shall provide funds necessary for the facilities, equipment, and staffing of the city internal auditor's office to carry out the responsibilities specified herein and by ordinance. SECTION 2-608. Special audits. The president of the council or members of council may request the city auditor to perform special audits or assignments of a limited scope intended to determine the accuracy of information provided to council, costs and consequences of recommendations made to the council, and other information concerning the performance of departments, offices, or agencies of the city. After consultation with the Audit Committee, a special audit requested by the president of the council or members of the council may become an amendment to the annual audit schedule. Chapter 7. Elected Officials Compensation Commission SECTION 2-701. Created. There is hereby created an elected officials compensation commission which shall make recommendations regarding the salaries of the mayor, president of the council, councilmembers, and members of the Atlanta Board of Education. SECTION 2-702. Composition; appointment; term of office; vacancies. (a) Composition; appointment. The elected officials compensation commission shall consist of seven members with one member appointed by the

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mayor, one member appointed by the president of the council, two members appointed by the council, two members appointed by the board of education, and one member appointed by the Atlanta Planning and Advisory Board. Each member must be a qualified elector of the city at the time of his or her appointment and all times during the term of office. No member or employee of the executive, legislative, or judicial branch of the city or family members of any member or employee shall be eligible to be a member of the commission. (b) Term of office. Except as provided herein, the term of office of each member shall be four years. The initial members shall be appointed within 30 days after the effective date of this charter and shall serve until the regular municipal elections of November, 1997. Thereafter, each member shall be appointed to serve with a term of office expiring with the regular municipal elections. (c) Vacancies. If a vacancy occurs before the expiration of a member's term, the vacancy shall be filled in the same manner as prescribed for the original appointment. SECTION 2-703. Powers and duties. At least one year prior to a regular municipal election, the commission shall recommend to the council and board of education the amount of compensation which it deems appropriate for the mayor, president of council, members of council, and members of the board of education. The amount recommended for each member of council or the board of education shall be the same; however, the amount recommended for the president of the council or the president of the board of education may exceed that of the members of the council or board of education. Any amount recommended shall be an amount which takes into account the nature of the office and which is commensurate with salaries then being paid for other public positions having similar duties, responsibilities, or obligations. No recommendations shall be made except upon the affirmative vote of four members of the commission. Recommendations, with supporting rationale, shall be made in writing. Prior to the submission of any recommendation to the council or board of education, the commission shall conduct at least one public hearing on the matter. SECTION 2-704. Meetings; quorum; election of chairperson; compensation of members. The elected officials compensation commission shall meet as needed every four years. A majority of the members of the commission shall constitute a quorum for conducting the business of the commission. The commission shall elect a chairperson from among its members. The members of the

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commission shall receive no compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties. SECTION 2-705. Assistance to commission. The council shall provide such assistance as the commission shall reasonably require. ARTICLE 3 EXECUTIVE Chapter 1. The Mayor SECTION 3-101. Election; term; limitation of term. The mayor shall be elected from the city at-large for a term of four years commencing on the first Monday in January after each regular municipal election, and he or she shall serve until his or her successor has taken office. Any mayor who has been elected for two consecutive four-year terms under the provisions of this charter shall not be eligible to be elected for the succeeding term. SECTION 3-102. Qualifications. (a) To qualify for election as mayor, a person: (1) Must be at least 18 years of age; (2) Must be a resident of the city for at least one year immediately preceding the date of his or her filing of notice of candidacy to seek office; (3) Must be a qualified elector of the city; and (4) Must not be an employee of the city. (b) To hold office as mayor, a person: (1) Must continue to possess the qualifications prescribed in Section 3-102(a); and (2) Must not hold any other elective public office or hold any position of employment with the State of Georgia, any county thereof, or with the city.

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SECTION 3-103. Oath of office. Before entering upon the duties of his or her office, the mayor shall take and subscribe to the oath as provided in Section 2-301 of this charter. SECTION 3-104. Powers and duties. The mayor shall be the chief executive officer of the city and he or she shall have the power and it shall be his or her duty to: (1) Execute and enforce the provisions of this charter, the ordinances of this city, and all other laws; (2) Exercise supervision over all the administration of all departments of the city and delegate all or part of such supervision to the chief operating officer; (3) Prepare periodically, but not less than annually, and submit to the council for approval a comprehensive development policy which shall consider the city's physical, economic, and social aspects and state the goals and objectives of Atlanta and its citizens and the necessary recommendations, policies, plans, programs, and priorities for attaining them; (4) Submit to council the recommended annual budget prepared by the appropriations committee as provided in Section 6-302 in this charter; (5) Approve or veto proposed ordinances and resolutions as provided in this charter; (6) Convene special meetings of the council at his or her discretion; (7) At his or her discretion, conduct studies and make investigations and reports to the council concerning the operations of departments, offices, and agencies of the city and require any department, board, commission, or agency under his or her jurisdiction to submit written reports and information; (8) Prescribe, require, publish, and implement standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the city subject to his or her supervision and jurisdiction or delegate all or part of such responsibilities to the chief operating officer; (9) Advise the council as to the financial condition, future needs, and general welfare of the city and make such recommendations to the council concerning the affairs of the city as he or she deems desirable;

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(10) When authorized by the council, negotiate deeds, bonds, contracts, and other instruments and documents on behalf of the city and execute same after final approval by the council; (11) Represent the city in affairs of intergovernmental relations, promote and improve the government of the city, encourage the growth of the city, and promote and develop the prosperity and social well-being of its people; (12) At his or her discretion, initiate such administrative reorganization within city government as he or she may deem desirable and as provided in Section 3-302(b); (13) Perform such duties as may be required by law, and in his or her discretion perform such other duties as may be authorized by law; (14) Purchase supplies, material, equipment and personal property of every type and description, and services for the rental, repair, or maintenance of equipment, machinery, and other city-owned property; provided, however, the purchase amount does not exceed $100,000.00, such purchases conform with the provisions within Chapter 4 of Article 6 herein and any purchasing and procurement ordinances of the city, and a duly enacted appropriation by the council authorizes expenditures for such purposes. Any award of contract not competitively procured in accordance with this charter or ordinances of the city, or not awarded to the lowest bidder or offeror, shall be approved by the city council prior to an award; (15) Prepare annually a plan for increasing the efficiency of city services based upon the findings and recommendations of the Citizen's Service Planning Review Commission as provided in Chapter 7 of this article. SECTION 3-105. Delegation of powers and duties; prohibition. In no event shall the mayor delegate to the chief operating officer or any other appointed officer or employee the power to approve or veto ordinances or resolutions, convene meetings of the council, serve as acting mayor, remove the city attorney, chief financial officer, or chief operating officer, or amend budgets. SECTION 3-106. Mayor's staff. (a) The mayor may appoint such staff to aid in the discharge of the mayor's duties, including a chief of staff, as authorized by the council. The chief of staff shall have such duties as assigned by the mayor but shall not be assigned any supervisory or management duties outside of the mayor's

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office or duties which are inconsistent with the provisions of this charter. Such persons shall serve at the pleasure of the mayor. (b) Any person appointed chief of staff need not be a resident of the city at the time of his or her appointment but shall be a city resident during his or her appointment. SECTION 3-107. Investigations of departments. The mayor may conduct an investigation of any city department or office within the executive branch, hear and determine all charges affecting the work of the department under investigation or any of its employees, and administer oaths and affirmations at such hearings. For furtherance of such investigations, the mayor may issue subpoenas to compel the attendance of witnesses and the production of books, papers, vouchers, and other written instruments. If any person duly subpoenaed as a witness shall fail to appear or appearing refuse to testify or to produce such books and papers, the mayor shall report the failure of the witness to appear or refusal to testify or to produce books and papers to any court of record or judge thereof, who may make such order as shall be proper as to the future appearance of the witness for the purpose of giving testimony and for the production of any such books and papers and who may, after due notice and opportunity to be heard, punish him or her for failure to comply therewith. Chapter 2. Chief Operating Officer SECTION 3-201. Appointment; qualifications; residency; compensation; removal. (a) Appointment. The mayor shall appoint, subject to the confirmation by a majority vote of the entire council, an officer whose title shall be chief operating officer. (b) Qualifications. The chief operating officer shall have a graduate or professional degree plus a minimum of ten years, or an undergraduate degree plus a minimum of 15 years, of progressively responsible administrative experience in the public or private sector which has included responsibility for supervising a large scale service delivery program with a substantial budget. The qualifications herein may be waived by the city council upon a three-fourths' vote of its membership. (c) Residency. The chief operating officer need not be a resident of the city or of the State of Georgia at the time of his or her appointment but shall reside in the city throughout his or her appointment.

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(d) Compensation. The chief operating officer shall receive such compensation as fixed by the council. (e) Removal. The chief operating office shall hold office at the pleasure of the mayor and may be dismissed by the mayor without the approval of the council. SECTION 3-202. Powers and duties. The chief operating officer shall have the following powers and duties: (1) To the extent delegated by the mayor, to exercise supervision over all activities of city departments and the boards and commissions connected with such departments and be the contact officer between the mayor and such departments, boards, and commissions; (2) To make periodic reports with such recommendations to the mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities, and other agencies of the city under his or her jurisdiction and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as deemed necessary; (3) To provide liaison, coordination, and communications between and among city departments and agencies and the various agencies of the federal, state, and local governments and other public and private agencies concerning the affairs of the city; (4) To provide direction on participation in federal and state grant-in-aid programs, monitoring and evaluation of grant contract programs, and communication of program policies and priorities; (5) To conduct research and make information available to the mayor, council, and the various departments, offices, and agencies of the city; (6) To attend meetings of the council and its committees and to make available such information as may be requested; and (7) To perform all other duties as required by this charter or lawfully delegated to him or her by the mayor. Chapter 3. City Departments SECTION 3-301. General. (a) Except where another meaning is clearly intended, the word department in this charter shall mean any agency in the executive and

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administrative branch of the city government. The departments of the city shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein. (b) The operations and responsibilities of such departments shall be distributed among such divisions or bureaus and shall consist of such officers, employees, and positions as may be authorized by ordinance. (c) There shall be a director of each department who shall be the principal officer thereof. Each director shall be responsible for the administration and direction of the affairs and operations of his or her department and shall exercise general management and control thereof. (d) Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointments. (e) The directors of departments and other appointed officers shall be appointed solely on the basis of their respective executive, administrative, and professional qualifications which shall be prescribed by ordinance. (f) The compensation of appointed officers and directors of departments shall be fixed by the council. (g) The mayor may initiate or create additional departments, or propose the abolishment of departments, subject to the provisions of this charter and approval by the council. SECTION 3-302. Administrative reorganization. (a) The mayor, as chief executive of the city, is hereby empowered, subject to any limitations of this charter, to initiate, direct, and implement the reorganization of any department. (b) The mayor shall prepare and sign a plan of reorganization of any department or departments and shall submit such plan to the council. Any plan presented shall be in the form of a proposed ordinance and the council shall by majority vote approve, modify, or reject any such plan within 60 days of its submission to the council. No reorganization shall become effective until the council has acted or 60 days have elapsed from the date of submission, whichever first occurs. SECTION 3-303. City attorney. (a) Appointment; removal. There shall be a city attorney who shall be appointed by the mayor subject to confirmation by a majority vote of the city council. The city attorney may be removed at the pleasure of the mayor or the city council by a three-fourths' vote of its membership.

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(b) Qualifications. The city attorney shall be an active member of the State Bar of Georgia in good standing and shall have at least ten years' experience in the active practice of law immediately preceding his or her appointment. The number of years' experience herein may be waived by the city council upon a three-fourths' vote of its membership. (c) Residency. During his or her appointment, the city attorney shall be a resident of the City of Atlanta. (d) Duties. The city attorney shall serve as the chief legal advisor of the city and shall be the director of the department of law. He or she shall perform such duties as prescribed by this charter, ordinance, or law. (e) Prohibited activities. The city attorney and all full-time assistants shall not engage in the private practice of law. SECTION 3-304. Chief financial officer. (a) Appointment; removal. There shall be a chief financial officer who shall be appointed by the mayor, subject to the confirmation by a majority vote of the city council. The chief financial officer may be removed at the pleasure of the mayor or by the city council upon a three-fourths' vote of its membership. (b) Qualifications. The chief financial officer shall have at least ten years' experience in the management of fiscal operations or public finance and proven administrative ability or have served at least ten years as a comptroller or financial head of a business with a substantial budget. The number of years' experience herein may be waived by the city council upon a three-fourths' vote of its membership. (c) Residency. During his or her appointment, the chief financial officer shall be a resident of the city. (d) Duties. The chief financial officer shall be the director of the department of finance and shall perform such duties as shall be provided by this charter or by ordinance or resolution or required by law. SECTION 3-305. Directors of departmentsAppointment; removal; residency; appointment of other city employees. (a) Appointment; removal. The mayor shall appoint all directors of departments, subject to confirmation by a majority of the city council. As used in this section, director means the administrative head of each department regardless of the title of a particular department head. Directors may be removed at the pleasure of the mayor.

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(b) Residency. A director, deputy director, or bureau administrator of a department need not be a resident of the city at the time of his or her appointment but shall reside in the city throughout such appointment. (c) Appointment and removal of other employees. Directors of departments shall have the power and duty to appoint and remove deputy directors and bureau administrators. A deputy director or bureau administrator may be removed by a director. Chapter 4. Boards and Commissions SECTION 3-401. General. (a) As related to corporate, municipal, governmental, or public purposes and for the security of the peace, health, and good government of the city, the council shall have the authority to create commissions, councils, or boards which shall perform duties prescribed by the council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions. All members of such boards, commissions, or councils shall be legal residents of the city. (b) The council shall have the authority to provide for the composition of such commissions, councils, or boards, their periods of existence, and for the compensation of their members and employees, in whole or in part. The council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members thereof in the performance of their official duties. The council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such commissions, councils, and boards to provide for their operation, either in whole or in part. (c) All regular, full-time employees of commissions, councils, or boards which have been previously created or hereafter created by the council shall be considered to be employees of the city. Such employees shall be entitled to all of the benefits and privileges as are other employees of the city and shall be subject to all laws, ordinances and resolutions governing employees of the city except as otherwise specifically prescribed in the code of ordinances. Such employees shall be within the unclassified service of the civil service unless the council shall provide by ordinance for other terms and conditions of employment and personnel matters relating to such employees. No member of a board or commission shall be deemed an employee of the city under the provisions of this subsection. (d) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for the original appointment.

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(e) No member of any board or commission shall assume office until he or she has executed and filed with the municipal clerk an oath or affirmation obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath or affirmation to be prescribed by ordinance and administered by the mayor or the municipal clerk. (f) Any member of a board or commission created by the council may be removed from office for cause by a majority vote of the councilmembers present. (g) Each board and commission may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the council, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the municipal clerk. (h) All boards and commissions and their employees shall comply with the budgetary procedures of the city as provided in this charter. (i) The functions of boards and commissions of the city, whether established by Acts of the General Assembly or the city council, shall be provided for by ordinances or resolutions of the city council. However, any boards and commissions which derive their powers from general law shall continue to exercise such powers. (j) The mayor may initiate the creation of additional boards and commissions subject to the approval of the council. SECTION 3-402. Charter review commission authorized. The council shall by ordinance establish a charter review commission so that a review of the city charter may be accomplished every 20 years, to make recommendations, and to hold hearings with respect to amendments to the charter. SECTION 3-501. Civil service. (a) The council shall establish by ordinance a system of civil service of the city, which shall be divided into a classified and an unclassified service. The classified and unclassified service shall cover the positions presently in the classified or unclassified service respectively on the effective date of this charter, unless otherwise provided by ordinance. The civil service system of the city shall not include employees of the Atlanta school system. (b) The council shall adopt by ordinance civil service rules and regulations to govern the classification of positions, the manner and method of publicizing vacancies, employing and appointing, and dismissing personnel, the qualifications of employees, the terms, conditions, and benefits of employment, retirement policy, grievance procedures, and any other

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measures that promote the hiring and retaining of capable, diligent, honest career employees. SECTION 3-502. Discrimination prohibited. It shall be the policy of the city, its departments, and boards that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation. SECTION 3-503. Residency of employees. Except as otherwise provided in this charter, the council may by ordinance provide from time to time for employees to reside within the city during their continuance in such office or employment with the city. SECTION 3-504. Credit preference. The council may provide by ordinance for a credit preference to be given to residents of the city on their employment examination scores. SECTION 3-505. Temporary employment of persons retired under pension laws. The mayor and council may authorize the employment of any person who has retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service under contract, provided the employment is temporary and the necessity therefor is certified by the department head making the contract of employment. Such employees shall acquire no further pension or civil service rights by virtue of such temporary employment. SECTION 3-506. Compulsory retirement; waiver of penalties. (a) No employee of the city shall be required to retire from employment with the city based upon the age of any such employee. (b) Any employee of the city who has completed at least five years of service with the city and who retires under any pension plan covering city employees shall be entitled to retire upon attaining 65 years of age without the application of any vesting penalties which may be set forth under any such pension plan.

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SECTION 3-507. Modification of pension plans. As authorized by the provisions of the Constitution of the State of Georgia of 1983, Article IX, Section II, Paragraph III (a)(14), the Acts, approved February 15, 1933, August 13, 1927, and August 20, 1974 (found respectively at Ga. L. 1933, p. 213, et seq.; Ga. L. 1927, p. 265, et seq.; Ga. L. 1924, p. 167, et seq., all as amended), providing for pensions for officials and employees of cities having a population of 300,000 or more according to the United States Census of 1920 or any subsequent census thereof, shall be modified, insofar as they appertain to employees and officials of the City of Atlanta and its board of education in accordance with the following rules and procedures: (1) Any other provisions in the charter notwithstanding, any pension law modification shall be effected only by ordinance adopted by at least two-thirds of the total membership of the council and duly approved by the mayor; (2) Any such ordinance shall be considered by the council only after receipt of: (A) An investigation by an independent actuary of any such proposed modification, evidenced by a written report from such actuary which shall include, but not be limited to, such actuary's analysis of the funding requirements relating to any such modification and the opinion of such actuary as to the propriety of any such modification. Any such opinion must state that such modification is in conformity with applicable state laws governing the funding requirements for modifications to such pension plans. Such opinion shall be accompanied by the written recommendations of the city attorney and chief financial officer; (B) A written recommendation concerning such ordinance adopted by at least two-thirds of the membership of the board of trustees of each of the respective pension funds affected by such modification; such recommendation shall be considered by, but shall not be binding upon, the council; (C) Any such ordinance modifying the Act approved August 13, 1927 (Ga. L. 1927, p. 265 et seq., as amended) and affecting employees of the Atlanta Board of Education shall become effective as to such employees only after such modification is adopted by a majority of the total membership of the Atlanta Board of Education; (3) No substitute or amendment to any ordinances presented to the council hereunder shall be considered without a subsequent investigation of such proposed substitute or amendment by an independent actuary as provided in (b)(1), hereinabove, and the recommendation

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of the board of trustees of the respective pension fund affected by such modification as set forth in (b)(2), hereinabove; (4) No ordinance which modifies any of the aforesaid pension laws and has a fiscal impact on the pension systems established by such laws shall be adopted by the council or approved by the mayor until adequate provision for funding such modification has been made to defray the fiscal impact of such modification; (5) Limitation on annual benefit. Notwithstanding any provisions to the contrary, an employee's or officer's annual benefit attributable to nonemployee contributions shall not exceed the lesser of: (A) 100 percent of the employee's or officer's highest three consecutive years' average applicable compensation or (B) a dollar amount which is adjusted for inflation based on Section 215(i)(2)A of the Social Security Act, as amended. Furthermore, if the employee or officer retires before age 62 the limit shall be actuarially reduced in accordance with Internal Revenue Code Section 415(b), as now or hereafter amended; (6) Forfeiture of benefits. An employee or officer who is not entitled to any vested continuing pension benefits at or after his or her last termination date must, within seven years thereafter, apply for a refund of his or her employee contributions to the fund; otherwise said contributions shall be forfeited to the pension fund. An employee or officer who is entitled to a continuing pension benefit on or after the date of the last termination date must, within seven years after said benefits become duly vested and payable, either apply for benefits or claim a refund of his or her employee contributions to the pension fund; otherwise said payments shall be forfeited to the pension fund. SECTION 3-508. Regulation of complaints, fraud, waste, and abuse; definitions. (a) As used in this section, the term: (1) Municipal employee means classified and unclassified employees of the City of Atlanta, and individuals who perform services for the City of Atlanta on a contract or fee basis, but does not include elected officials. (2) Municipal employer means any department, board, bureau, commission, authority, or other agency of the city which employs or appoints any municipal employee, except the mayor and members of the city council and the City Court of Atlanta. (b) A municipal employer may receive and investigate complaints or information from any municipal employee concerning the possible existence

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of any activity constituting fraud, waste, and abuse in or relating to any municipal programs and operations under the jurisdiction of such municipal employer. (c) Notwithstanding any other local law or ordinance to the contrary, such municipal employer shall not, after receipt of a complaint or information from a municipal employee, disclose the identity of the municipal employee without the written consent of such municipal employee, unless the municipal employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the municipal employee shall be notified in writing at least seven days prior to such disclosure. (d) No action against any municipal employee shall be taken or threatened by any municipal employer who has authority to take, direct others to take, recommend, or approve any personnel action as a reprisal for making a complaint or disclosing information to the municipal employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (e) Any action taken in violation of subsection (d) of this section shall give the municipal employee a right to have such action set aside by the personnel board after a hearing. Chapter 6. Planning SECTION 3-601. Comprehensive development plan. The mayor shall have a comprehensive development plan of the City of Atlanta prepared and maintained to be used as a guide for the growth and development of the city and which will identify its present and planned physical, social, and economic development. This plan shall: (1) set forth the comprehensive development goals, policies, and objectives for both the entire city and for individual geographic areas and communities within the city and (2) in conformance with such development goals, objectives, and policies, identify the general location, character, and extent of streets and thoroughfares, parks, recreation facilities, sites for public buildings and structures, city and privately owned utilities, transportation systems and facilities, housing, community facilities, future land use for all classifications, and such other elements, features, and policies as will provide for the improvement of the city over the next 15 years. SECTION 3-602. Five-year and one-year development plans. The mayor shall have a comprehensive five-year development plan prepared which shall: (1) present a recommended generalized land use

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development pattern to guide the growth of the city over a succeeding five-year period and (2) include the city's specific development goals and objectives based upon existing and projected demographic and socioeconomic factors and public and private community facilities for the entire city and individual geographic areas and communities within the city, as related to the comprehensive development plan and to regional plans. In addition, the mayor shall have a one-year development plan prepared that delineates the city's proposed land use development pattern for a succeeding 12 month period and is based upon the development goals and objectives specified in the city's five-year development plan. SECTION 3-603. Implementation; updating and revision. (a) Prior to the preparation of each comprehensive development plan, the mayor shall have hearings held in such manner as the council shall prescribe by ordinance. The mayor shall submit to the council such plans that will include a 15 year, five-year, and one-year comprehensive development plan, along with a comprehensive land use plan for all property within the city limits. These plans, updated each year, shall be submitted to the council not later than its first regular meeting in May each year. Beginning with the transmittal date of said plans to council, the general public shall be afforded a period of 45 consecutive days in which to review said plans. Subsequent to the expiration of the aforementioned 45 day period, the council shall conduct public hearings concerning such plans. Thereafter, the council shall adopt the comprehensive development plans, after making any amendments or revisions thereto that the council considers appropriate, but not later than the last regular council meeting in July of each year. Such plans shall become effective immediately upon adoption and approval of the authorizing legislation. (b) The approved comprehensive development plans shall be used as a guide for the preparation of the city's capital improvement program and capital budget. (c) The mayor shall maintain an up-to-date zoning map for all properties within the city limits. (d) Following the annual updating and adoption of the city's development plans, the council shall amend the city's zoning ordinance to conform with the updated development plans in accordance with procedures prescribed by general law. (e) Approved comprehensive development plans distributed to the public shall include a brochure or similar document containing the names, addresses, telephones numbers and facsimile numbers of appropriate city and county officers, as an appendix to the document, and such comprehensive development plans and appendices shall be provided to all

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neighborhood planning units of the city within 30 days of the adoption of such comprehensive development plans. SECTION 3-604. Program for human and economic development. Within one year after the effective date of this charter, the mayor and city council shall provide an administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development. The program shall be responsible for identifying and securing resources needed to address these problems and needs effectively. The program shall encourage efforts to enable, empower, and involve the disadvantaged; address the causes of crime; work to enhance the quality of life of all citizens; and help to ensure that the city government will be responsive to the needs of all citizens. Chapter 7. Citizen's Service Planning Review Commission SECTION 3-701. Creation; composition. There is hereby created and established the Citizen's Service Planning Review Commission which shall consist of nine members. SECTION 3-702. Appointments; terms; vacancies. (a) Members shall be appointed by the mayor subject to confirmation by a majority vote of the council. Any person so appointed shall be a resident of the city at the time of appointment and during the term of office. Of the initial members appointed to the commission, three of the members shall be appointed for a term expiring on December 31, 1998; three members shall be appointed for a term expiring on December 31, 1999; and three members shall be appointed for a term expiring on December 31, 2000. Thereafter, all members shall be appointed for three-year terms. Members of the commission shall select one of its members as chairperson. (b) Any vacancy on the commission, however created, shall be filled for the unexpired term in the same manner as the position was originally filled, and the person filling the vacancy shall have and retain all the qualifications prescribed for membership. SECTION 3-703. Powers and duties. Each year the commission shall study such city services as agreed upon by a majority of its members and prepare a report to be presented to the

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mayor and chief operating officer by September 1 of each year. The report shall contain the findings of the commission and present actions that the city may implement to increase the efficiency and reduce the cost of service provision. For each service area reviewed and investigated by the commission, the report shall include but not be limited to: (1) The level of expenditures for each service; (2) The quality of the service provided; (3) The cost of providing the service; (4) Available competitive contracting for such service; (5) Consolidation of service delivery with other jurisdictions; and (6) Ways to improve the efficiency of service provision. The commission shall also conduct an evaluation of any previously determined service delivery plans and actions taken by the administration in order to improve delivery of the service. SECTION 3-704. Mayor's action. The mayor shall hold at least one public hearing on the report. After the public hearing and prior to the submission of the budget each year, the mayor shall present an annual plan and actions the city may implement to the president of the council and members of the council. SECTION 3-705. Assistance to the commission. The mayor's office shall provide the necessary staff and assistance to the commission as required for the completion of its tasks. ARTICLE 4 Courts SECTION 4-101. Establishment; designation. Pursuant to the provisions of Article VI, Section I, of the Constitution of Georgia, and Title 36 of the O.C.G.A., as amended, there shall be in the city a court to be known as the Municipal Court of Atlanta, which shall have a minute book and a seal of appropriate design prescribed by council. SECTION 4-102. Jurisdiction, authority, and powers generally. The municipal court and each judge thereof shall have jurisdiction and power coextensive with the territorial limits of the City of Atlanta, Georgia, to:

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(1) Try and punish violations of this charter, all city ordinances, and such other violations as provided by law, except those relating to and regulating traffic; (2) Try, hear, and abate nuisances as provided by the laws of this state; (3) Hear, try, and determine as a committing court all warrants for the violation of any state law and, while acting under the authority of the laws of the State of Georgia, to bind over such persons to an appropriate higher court for the eventual trial of said case; (4) Establish a schedule of fees to defray the cost of operation and be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to an appropriate higher court for violations of state laws; (5) Punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both; (6) Punish for violations within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law; (7) Establish bail and recognizance to ensure the presence of those charged with violations before said court; (8) Probate, revoke, amend, remit, modify, alter, or suspend sentences imposed, provided that the mayor may grant reprieves and pardons, commute penalties, and remit any part of a sentence following defendant's request therefor to the court; (9) Compel the production of books, papers, and other evidence in the possession of any party with the same authority as magistrates of the state; (10) Compel the presence of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other process in cases within its jurisdiction arising under the laws of the State of Georgia or this charter or ordinances of the city with full power to enforce the same; (11) Enforce obedience to its orders, judgments, and sentences with the same authority as magistrates of the state; (12) Administer all oaths as are necessary with the same authority as magistrates of the state and take affidavits and attest other papers; (13) 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 authority as magistrate of the state to issue warrants for offenses against state laws committed within the city; and

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(14) Such other powers and duties as shall be provided by law or ordinance. SECTION 4-103. Appellate review. The orders, verdicts, judgments, and sentences of the court shall be subject to appellate review by writ of certiorari in the appropriate superior court or as otherwise provided by general law. SECTION 4-104. Judges; qualifications; term of office; appointment; oath; vacancies; compensation; (a) Number of judges. The municipal court shall be presided over by such number of municipal court judges as shall be authorized by the city council. (b) Qualifications. To qualify for appointment as a judge of the municipal court, a person shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. To hold office as a judge after such appointment, a person shall continue to possess said qualifications and shall not hold or qualify for any other public office. (c) Appointment. The mayor shall appoint a person to the position of municipal court judge in accordance with the provisions in this article. (d) Term of office. A judge of the municipal court shall be appointed for a term of four years and, upon completion of such term, such judge shall continue to serve until not retained by a vote of city electors as provided herein. (e) Oath. Before assuming office, each judge shall take and subscribe an oath or affirmation, before some officer authorized to administer oaths, faithfully to discharge the duties of the office. The oath shall be filed with the municipal clerk. (f) Vacancies. In the event of any vacancy in the office of a municipal court judge for any cause, whether by death, resignation, lack of retention, or removal, the mayor shall appoint some qualified person to fill such vacancy in accordance with the provisions of this article. Any judge appointed to fill a vacancy shall not be required to run against his or her record until he or she has held office at least 12 months, and in such event his or her term shall be extended until the end of the calendar year of the second general municipal election following the date of his or her appointment. (g) Compensation. The annual salary of municipal court judges shall be as authorized by the city council.

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SECTION 4-105. Chief judge. (a) Selection. The municipal court judges shall by a majority vote select a chief judge to serve at their pleasure. (b) Duties. The chief judge shall be responsible for the general supervision of the municipal court and shall promulgate all rules necessary for the supervision, conduct, and administration of the court, including but not limited to the number of divisions into which the court is divided and the assignment of judges to duty therein; the hours of operation of the court; the preparation of calendars deemed necessary and proper; and a system for keeping court records and shall require such reports from the judges, solicitor, public defender, clerk/administrator, and other court personnel as deemed necessary and proper. Such rules so promulgated shall be reduced to writing. The chief judge shall be responsible also for the preparation and submittal of budgets of said court to the mayor and city council and appropriate departments, committees, and agencies. He or she shall further perform other duties as the council may provide by ordinance or as required by law. (c) Vacancy, incapacity, or inability. In the event of a vacancy, incapacity, or inability of the chief judge to perform his or her duties, the remaining judges of the court, by a majority vote, shall select another chief judge in accordance with this section. SECTION 4-106. Judicial commission. (a) Creation. There is hereby created an Atlanta Judicial Commission, established for the purpose of nominating to the mayor persons for appointment to the positions of judges, solicitors and public defenders of city and municipal courts, and any judge pro hac vice of municipal court. (b) Composition; appointments. The Atlanta Judicial Commission shall be composed of eight voting members, consisting of three members appointed by the Atlanta Bar Association who are actively engaged in the practice of law, three members appointed by the Gate City Bar Association who are actively engaged in the practice of law, and two members appointed by the mayor who are residents and qualified electors of the city but not attorneys. All persons appointed to the judicial commission shall have resided in the city for at least 12 months and continue to reside in the city during their terms of office. Of the members first appointed after the effective date of this charter, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for two years, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for three years, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for four years, and the two

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members appointed by the mayor shall be appointed for four years. Thereafter, all members shall be appointed to four-year terms. A chairperson and secretary shall be elected by the members; however, the chairperson shall be a member of the State Bar of Georgia. (c) Functions; duties. Whenever a vacancy occurs in the positions of judges, solicitors and public defenders of city and municipal courts, or a judge pro hac vice of municipal court for any cause, the mayor shall provide written notification to the chairperson within 30 days of the act creating the vacancy or any new position. The judicial commission shall certify to the mayor a list of three nominees who are members of the State Bar of Georgia in good standing. Such list shall be submitted by the judicial commission no later than 90 days after receiving the above written notification from the mayor. The nominations and appointments to fill vacancies shall be based solely upon merit, legal experience, ability, and integrity. Any member shall be disqualified from consideration of an applicant who is related by blood or marriage. (d) Confidentiality of deliberations. The deliberations of the judicial commission shall be confidential and privileged. The identity of the applicants and nominees certified to the mayor shall be public information. (e) Failure to submit nominations. If the judicial commission has not presented its nominations as required by subsection (c) herein to the mayor within 120 days after being informed by the mayor of a vacancy or pending vacancy, the mayor may thereafter fill such vacancy on his or her own motion, applying the standards herein. However, any such appointment made by the mayor shall be confirmed by a majority vote of the members of council. SECTION 4-107. Retention of judges. (a) Filing of declaration. A judge of the municipal court who desires to retain judicial office for a succeeding term shall file with the municipal clerk, not more than 90 days nor less than 60 days prior to each regular general municipal election prior to the expiration of the judge's term of office, a declaration of intent to run for another term. (b) Ballot question. Upon the filing of the above declaration, a question shall be placed upon the appropriate ballot of such municipal election as follows: Shall Judge (Name of judge) of the Atlanta Municipal Court be retained in office? Yes, to retain. No, against retention.

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If a majority of those voting on such question vote to retain a judge, the judge is thereupon retained for a four-year term commencing on the first Monday in January following each municipal election. If a majority of those voting on such question vote not to retain a judge, a vacancy shall exist upon the expiration of the term being served by the judge. Such vacancy shall be filled in accordance with the provisions within this article. (c) Prohibition against appointment. Any judge failing to be retained by city electors shall be ineligible for appointment to the municipal court for a period of four years. SECTION 4-108. Removal of judges. (a) A judge of the municipal court may be removed from office in accordance with the provisions of the Code of Judicial Conduct effective on January 1, 1994, as now or hereafter amended, as adopted by the Supreme Court of Georgia. (b) Whenever a judge of the municipal court shall be indicted for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, he or she shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him or her. Immediately thereafter, unless he or she has been convicted or pleaded guilty, he or she shall be reinstated in office and shall receive all compensation withheld during his or her suspension; otherwise his or her office shall be vacant. SECTION 4-109. Judges pro hac vice; city court judges. (a) The council shall determine the initial number of court officers pro hac vice. The mayor shall appoint judges pro hac vice from panels of three nominees submitted by the Atlanta Judicial Commission. The qualifications for said appointees shall be the same as for judges and a judge pro hac vice shall act in the event of an emergency, conflict of interest, or other necessity. (b) At such time a judge pro hac vice is needed by the municipal court for more than three-fourths of the working days of this court in any six-month period, an additional position of associate judge shall be established, subject to approval by majority vote of the council. (c) Any judge of the City Court of Atlanta may preside in the Municipal Court of Atlanta as provided by ordinance and, when so presiding and acting as judge, have full power and authority in all matters pending in such court. (d) All judges pro hac vice for the municipal court shall serve four-year terms, commencing on the effective date of this charter, or commencing

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on the effective date of their respective appointments, whichever date is earlier. SECTION 4-110. Solicitor; qualifications; selection; term; assistants; duties; oath; prohibited activities; compensation; vacancies; removal. (a) Qualifications. There shall be a solicitor of the municipal court. The solicitor shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. During his or her term of office, the solicitor shall continue to reside within the city. (b) Selection; term. Upon the submission of three nominees by the Atlanta Judicial Commission, the mayor shall appoint one of the three nominees as the solicitor of municipal court for a four-year term. The solicitor shall discharge the duties of the office until a successor is qualified and appointed. A solicitor may be appointed to subsequent terms. (c) Assistants. The solicitor shall appoint such deputy or assistant solicitors as may be authorized by the city council. Any deputy or assistant solicitor shall be and remain a member in good standing with the State Bar of Georgia and shall serve at the pleasure of the solicitor. (d) Duties. The solicitor shall be the prosecuting officer of the municipal court. The solicitor and assistant solicitors shall perform such duties as prescribed by ordinance and required by law. (e) Oath. Before entering the duties of their offices, the solicitor and assistants shall take and subscribe an oath or affirmation before some officer authorized to administer oaths, to faithfully discharge the duties of the office. (f) Prohibited activities. The solicitor and deputy or assistant solicitors, excluding solicitor pro hac vice, shall devote full-time to the discharge of their duties and shall not engage in the private practice of law. (g) Compensation. The annual salaries of the solicitor and assistants shall be fixed by the council. (h) Vacancies. In the event of a vacancy in the position of the solicitor or any assistant for any cause, whether by death, resignation, or removal, such vacancy shall be filled in accordance with the provisions in this article. (i) Removal. The solicitor shall be subject to removal from office by the mayor during the term of office to which such solicitor was appointed for any of the grounds enumerated in paragraphs (1) through (6) of subsection (a) of Section 5-304.

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SECTION 4-111. Public defender; qualifications; selection; term; assistants; duties; oath; prohibited activities; compensation; vacancies; removal. (a) Qualifications. There shall be a public defender of the municipal court. The public defender shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. During his or her term of office, the public defender shall continue to reside in the city. (b) The provisions of Section 4-110 relating to the appointment, term, assistants, duties, oath, vacancies, removal, prohibited activities, and compensation shall apply also to the public defender and any assistant public defenders. The public defender and assistants shall perform such duties as shall be prescribed by ordinance and required by law. SECTION 4-112. Solicitors and public defenders pro hac vice. (a) The solicitor shall appoint solicitors pro hac vice as needed by the municipal court to act in the event of emergency or necessity, except as provided herein. (b) The chief judge of the municipal court shall appoint solicitors pro hac vice when there is a conflict of interest associated with the office of the solicitor. Under these circumstances, the solicitor shall make a written request setting out the nature of the conflict of interest to the chief judge. (c) Any municipal court judge shall have authority to appoint public defenders pro hac vice to act in the event of emergency, conflict of interest, or necessity related to the office of the public defender. SECTION 4-113. Clerk/Administrator and other court personnel. (a) Clerk/Administrator. The office of the clerk/administrator is hereby created. The clerk/administrator shall be appointed by a majority vote of the total number of judges thereof to serve at their pleasure and shall not be subject to civil service rules of the city. Any person appointed clerk/administrator shall be a resident of the city duringhis or her appointment. The clerk/administrator duties shall consist of submitting to the chief judge recommendations for improving the efficiency and operation of the court; being the official custodian of records of the court; assisting the chief judge in the preparation of the budgeting and fiscal reports and documents as may be necessary and proper for the operation and maintenance of the court; collecting and compiling data, including cases filed and disposed of, and information on the expenditures and receipts of

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the court; keeping and maintaining the docketing of cases in such form and manner as required by law or the chief judge; and other such duties as provided by ordinance. (b) Other court personnel. The judges in conference shall employ, subject to the city's civil service laws, regulations, and rules, such employees and staff of the court as shall be authorized by the council. Such employees and staff shall be within the civil service system of the city. (c) Prohibition. Unless provided otherwise in this charter, personnel of the municipal court shall not be employed by, members of, or under the jurisdiction of the police department or be actively engaged in the practice of law before the court except in the actual discharge of their official duties. SECTION 4-114. Court procedures; service of processes and orders. (a) Criminal prosecutions in the court may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, and summons may be signed by the solicitor or assistant solicitor, any sworn member of the police department, or such officers as may be specifically authorized by ordinance. The judges of such court may issue warrants either on their own knowledge or on information given under oath. Except in capital cases, they shall have the same power to fix bonds as judges of the superior courts. (b) All copies of documents and records of the court certified by the clerk/administrator, or such deputy clerk/administrator, under the seal of thecourt shall be admissible in all proceedings in the same manner and to the same extent as documents bearing the certificate of the clerks of the superior courts of the state and the seals of such courts. (c) The chief of police and sworn members of the police department of the city and employees of the court designated by the judges, and such other officials or persons authorized by law, shall have the authority to serve all processes and orders of the municipal court in the absence of sufficient designated employees of the court, and members of the police department shall have the authority to serve as bailiffs or constables at the discretion of the chief judge. SECTION 4-115. Codes of ethics. (a) The Code of Judicial Conduct, as adopted by the Supreme Court of Georgia, as now or hereafter amended, shall govern the conduct of the judges of the municipal court.

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(b) The Code of Professional Responsibility, as adopted by the Supreme Court of Georgia, as now or hereafter amended, shall govern the conduct of the solicitor, public defender, and their assistants of the municipal court. (c) Said codes are hereby incorporated herein by reference as if set out at length in this section, and copies thereof are on file in the office of the municipal clerk. ARTICLE 5 Elections, Removal and Conflicts of Interest SECTION 5-101. Applicability of general laws. Regular and special elections shall be conducted in accordance with provisions of the Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5-102. Regular elections; time for holding; voting. (a) The regular general election for electing the mayor, president of the council, and all councilmembers of the City of Atlanta shall be held on the first Tuesday after the first Monday in November, 1997, and quadrennially thereafter. (b) The entire electorate of the city shall be entitled to vote in elections for mayor, president of council, and at-large councilmembers. The entire electorate of each council district shall be entitled to vote for the election of a councilmember elected solely from that district. The person receiving the majority of the votes cast for each position shall be elected. (c) The mayor, president of the council, and those members of the council who are serving as such on December 31, 1996, and any person selected to fill a vacancy in any such offices shall continue to serve as such for terms of office which expire December 31, 1997, and shall continue to represent the area or district from which elected. (d) The first mayor, president of the council, and members of the council under this Act shall be elected at the time of the general municipal election in 1997. The mayor, president of the council, and members of the council elected thereto in 1997 shall take office the first Monday of January immediately following that election and shall serve for initial terms of office which expire December 31, 2001, and upon the election and qualification of their respective successors. Those and all future successors to the mayor, president of the council, and members of the council whose terms of office are to expire shall be elected at the general municipal election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall

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serve for terms of office of four years each. The mayor, president of the council, and members of the council shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. SECTION 5-103. Special elections; filling of vacancies. (a) In the event the office of mayor, president of the council, or councilmember shall become vacant by reason of death, resignation, or any other cause, the council shall, within 15 days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the city, except: (1) If a regular election for the office of mayor is to be held within one year after the date that a vacancy in the office of mayor occurs, the president of the council shall assume and discharge the powers and duties of the office of mayor for the duration of the mayor's unexpired term, and the president pro tempore shall perform the duties of the president of the council during such period; (2) If a regular election for the office of the president of the council is to be held within one year after the date that a vacancy occurs in the office president of the council, the president pro tempore shall assume and discharge the powers and duties of the office of the president of the council during such period; (3) If a regular election for the office of councilmember is to be held within one year after the date that a vacancy occurs in the office of councilmember, the remaining members of the council shall by majority vote appoint a qualified person to fill the vacancy. The members of the council shall appoint such person within 30 days of the date the vacancy occurs. (b) If any elected officer of the city qualifies for another municipal, county, state, or federal elective office, his or her resignation shall be governed solely by Article II, Section II, Paragraph V, of the Constitution of the State of Georgia. (c) In all other respects, every special election shall be held and conducted in accordance with applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. SECTION 5-104. Use of public buildings. It shall be the duty of the council to make available for voting purposes all public buildings of the city which may be needed or required for such purpose on all election days.

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SECTION 5-105. No partisan primaries; candidates listed without party label. No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elections conducted by or for the City of Atlanta, the names of all candidates shall be listed upon the ballot without party label. SECTION 5-106. Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. Chapter 2. Council Districts; Reapportionment SECTION 5-201. Council districts. Beginning with the general municipal election of 1997 the territory of the council shall consist of 12 council districts to be designated as Districts No. 1 through 12, and three residency posts for the three at-large members. The boundaries of the districts are specifically described and set forth in Appendix I herein. Said appendix is incorporated herein as if fully set forth in this section. SECTION 5-202. Reapportionment of council districts. (a) Subject to the limitations of state and federal law, the council shall reapportion the council districts from which members of the council are elected following publication of the 2000 United States decennial census or any future such census. Such reapportionment of districts shall be effective for the election of members to the council at the next regular general municipal election following the publication of the decennial census. (b) The council shall reapportion the council 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

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(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. (c) In addition to the reapportionment following publication of the decennial census, the council shall reapportion districts pursuant to this section if the annexation of additional territory to the corporate boundaries of the City of Atlanta has 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 Atlanta vote for members of the council. The reapportionment provided for herein shall meet the criteria specified in subsection (b) 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 annexation. Chapter 3. Removal of Elected Officials SECTION 5-301. Recall elections. Any person holding an elective office of the city shall be subject to removal from office at a recall election in the manner provided by Chapter 4 of Title 21 of the O.C.G.A., the Recall Act of 1989, as now or hereafter amended. SECTION 5-302. Offices to be vacated immediately upon the occurrence of certain events. Upon final conviction of or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, the office of the mayor, president of the council, or any councilmember shall be vacated immediately without further action. The unexpired term of office shall be filled as provided in this charter. SECTION 5-303. Removal of mayor for temporary inability to serve. During the temporary inability of the mayor to perform the duties of his or her office, the president of the council shall serve as and shall have all the

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powers and duties of the mayor, provided the council shall, by three-fourths' vote of the entire membership serving thereon, certify such inability by resolution, which resolution shall become immediately effective without action by the mayor. The council shall determine by majority vote of its members when the mayor is again able to perform the duties of his or her office. SECTION 5-304. Removal of elected officials. (a) Grounds for removal. The mayor, the president of the council, or any councilmember shall be subject to removal from office for any of the following causes: (1) Malpractice, misfeasance, or malfeasance in office; (2) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (3) Violation of the conflicts of interest and standards of conduct provided in this charter or the code of ordinances; (4) Violation of the oath of office as provided in this charter; (5) Abandonment of office or ceasing to perform the duties thereof; or (6) Failure for any cause to perform the duties of office as required by the provisions herein or by law. (b) Procedures for removal. Removal of the mayor, the president of the council, or any councilmember pursuant to subsection (a) of this section shall be accomplished by the following method. In the event the mayor, the president of the council, or any councilmember is sought to be removed by action of the council, an impartial panel shall conduct a hearing and render a decision on the matter. Such elected official sought to be removed shall be entitled to a written notice specifying the ground(s) for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The council shall provide by ordinance or resolution for the appointment of an impartial panel and the manner in which such hearings shall be held to render a decision. Any elected official sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Fulton County. Such appeals shall be governed by the same rules as govern appeals to the superior court from the probate court.

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Chapter 4. Conflicts of Interest SECTION 5-401. Conflicts of interest provisions applicable to city officials and employees. (a) Except as otherwise provided by general law, no elected official, appointed officer, or employee of the city or any office, department, or agency thereof, shall knowingly: (1) Engage in any business or transaction with, or have a financial or personal interest, direct or indirect, in the affairs of, the city, except through a procedure employing sealed bids; (2) Engage in or accept private employment or render services for private interests when such employment or service is in conflict or incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of official duties; (3) Disclose confidential information or use information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14, of the O.C.G.A., as now or hereafter amended, concerning the property, government or affairs of the city or any office, department, or agency thereof, not available to members of the public and gained by reason of his or her official position for his or her personal gain or benefit, to advance his or her financial or other private interest, or to advance the financial or private interest of any other person or business entity; (4) Represent other private interests in any action or proceeding against the city or any office, department, or agency thereof; (5) Vote or otherwise participate in the negotiation or the making of any contract with any business entity in which he or she has a financial interest. (b) No elected official, officer, or employee shall use property of the city for his or her personal benefit or profit except in accordance with policies and procedures of the city. (c) All elected officials, appointed officers or employees of the city or any office, department, or agency thereof, shall abide by any further standards of conduct adopted or as may be adopted by an ordinance of the council. (d) As used in this chapter, the word relative shall mean an individual who is related to the elected official, appointed officer, or employee as father, mother, son, daughter, brother, sister, husband, wife, grandfather, grandmother, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law,

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daughter-in-law, son-in-law, any other relative living in the household of the elected official, appointed officer, or employee or who otherwise holds himself or herself out as or is generally known as the person whom the elected official, appointed officer, or employee intends to marry or with whom the elected official, appointed officer, or employee intends to form a household, or any other natural person having the same legal residence as the elected official, appointed officer, or employee. SECTION 5-402. Disclosures. (a) Any elected official, appointed officer, or employee who has any financial interest, directly or indirectly, in any contract or matter pending before or within any office, department, or agency of the city shall disclose such interest in writing to the council by filing a written memorandum with the municipal clerk. Any elected official who has a financial interest in any contract or matter before the council shall disclose such interest as provided in Article 2 within this charter. (b) Any elected official shall disclose publicly the identity of any relative, as defined in the code of ordinances, employed by the city, prior to January 31 of each year by filing a written memorandum with the municipal clerk on such form as prescribed by the council. SECTION 5-403. Contracts voidable and rescindable. Any contract between the city and another party shall be voidable or rescindable at the discretion of the council at any time if any elected official, officer, or employee has any interest in such contract and does not disclose such interest in accordance with the provisions within this chapter. SECTION 5-404. Ineligibility of elected officials. No elected official shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which that official was elected to office, unless this provision is waived by a three-fourths' vote of the council. SECTION 5-405. Hearings and determinations. Any hearings and determinations regarding any violations of the provisions herein shall be in accordance with the provisions of this charter or any ordinance regulating standards of conduct as adopted by the council.

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ARTICLE 6 Revenue and Fund Administration Chapter 1. Revenue SECTION 6-101. General power of taxation. (a) For the purpose of raising revenue for the support and maintenance of city government and for other corporate purposes, the governing body shall have full power and authority to provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property, which, under the laws of this state, is subject to taxation within the corporate limits of the city. For the purpose of raising revenue for the payment of interest and principal on the bonded indebtedness of the city, the governing body shall have full power and authority to provide by ordinance for the assessment, levy, and collection of an annual ad valorem tax on all real and personal property, which, under the laws of this state, is subject to taxation within the corporate limits of the city, and to provide such an amount in millage as may be necessary to meet and pay all such obligations. (b) For the purpose of raising revenue for permanent improvements in the parks of the city, and for facility maintenance, repair, replenishment, enhancement, and the purchase of equipment for such parks, the governing body shall have full power and authority to provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property, which, under the laws of this state, is subject to taxation within the corporate limits of the city, in the amount of one-half mill on each dollar of assessed valuation thereon; such tax, when collected, shall be used as follows: 90 percent exclusively for permanent improvements to the zoo, golf courses, recreational, and other park facilities of the city, and 10 percent for park facility maintenance, repair, replenishment, enhancement, and the purchase of equipment. In the event that any part of the tax so collected cannot be used in any one year, it may be invested in short-term securities until such time as the use of said funds becomes necessary or possible. The tax provided for herein shall be in addition to all other taxes authorized by this charter. (c) The tax authorized by subsection (b) shall be used only as provided herein. Any sums not used in any one year for such purposes shall be converted into a trust fund to be held and expended for such purposes in future years. Half of the half-mill tax may, at the discretion of the council, be used for the purpose of constructing a stadium and related facilities in the city or for the purpose of paying in whole or in part the obligation assumed by the city by contract now or hereafter entered into with any

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authority now in existence or hereafter created which has agreed to construct a stadium and related facilities in the city. (d) No enumeration of any right, power, or authority provided in this charter shall be construed as limiting or abolishing any right, power, or privilege herein set forth. (e) There shall be assessed, levied, and collected an annual ad valorem tax for the support of public schools and for educational purposes, at the millage rate determined by the Atlanta Board of Education, to be billed and collected as other ad valorem taxes are billed and collected in accordance with this charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the president of said board of education together with a certified copy of said board's budget and filed with the governing authority, the format and time of annual filing of such request to be the only action by the governing authority of the city necessary to levy such tax annually. All revenue derived from such school and educational ad valorem tax shall be paid into the treasury of the city and shall be remitted monthly to said board of education free from any charge except the direct cost of collecting such tax. (f) The governing body shall be authorized to assess, levy, and impose taxes on lots and lot owners for sanitary purposes in such amount, rates, or methods of assessment and taxation; provided, further, the governing body shall be authorized and empowered to collect such taxes by execution against the lot so assessed and the owner thereof and provide for the use of such proceeds. The amount so assessed shall be a lien on the lot from the date of the assessment. The governing body shall be authorized to prescribe what should constitute a lot for sanitary purposes and assessment; provided, however, that assessment shall be made on vacant lots as follows: A front footage fee shall be assessed in accordance with the zoned property category, residential, apartment, or commercial, and no unit fee shall be assessed. Resident lots shall not be subdivided or assessed separately except where they have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon. (g) The governing body of the city, in addition to being authorized to assess, levy, and impose taxes for sanitary purposes, as set forth hereinabove in subsection (f), shall be authorized to charge fees for the collection, removal or disposal, or both, of all solid waste except body wastes, ashes, street cleanings, dead animals, abandoned automobiles, and market and industrial wastes, such fees to be charged against the owners or, when not owner-occupied, against the occupants, tenants, or lessees of the premises from which the fee is collected, and from which such waste is removed or disposed of, or both, from which collection and removal services are made available. The amount of such fees may depend upon the amount, weight,

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or volume of collections and whether collected from residential, commercial, industrial, or other property. (h) All public property exempt from taxation by the city by law shall likewise be exempt from all assessments, levies, and taxes specified under subsection (f) above. All fees for services charged against any such property as specified in subsection (g) above shall be due and payable when billed in due course by the city. SECTION 6-102. Excise taxes. (a) Except as otherwise provided by general law, the governing body shall be authorized and empowered to classify businesses and arrange the various businesses, trades, and professions carried on in the city into such classes of subjects for taxation as may be just and proper. (b) Except as otherwise provided by general law, the governing body shall have full power and authority to require any person, firm, corporation, or company engaged in, prosecuting, or carrying on, or that may engage in, prosecute, and carry on any trade, business, calling, or profession, to register their names and business, calling, or profession annually and to require such person, company, or association to pay for such registration or license, or both, to engage in, prosecute, or carry on such business, calling, or profession such fee, charge, or tax as the governing body may deem expedient for the safety, benefit, convenience, and advantage of the city. Such tax, registration fee, or license shall be imposed at the discretion of the governing body. The governing body shall also have power and authority to prescribe and collect fees for the issuance of business licenses or executions and for the collection of executions. (c) The governing body shall be authorized to impose and collect license fees and taxes on life insurance companies as authorized by an Act of the General Assembly of Georgia approved February 20, 1964 (Ga. L. 1964, p. 122), as now or hereafter amended, and on fire and casualty insurance companies as authorized by an Act of the General Assembly approved April 12, 1968 (Ga. L. 1968, p. 3706), as now or hereafter amended. (d) The governing body shall have full and complete power and authority to require every person, firm, or corporation engaged in the business of selling spirituous, vinous, or malt liquors at wholesale to pay excise taxes based on the quantity or value of the commodity sold. Such taxes shall be in addition to any and all other taxes and license fees authorized by law. (e) If the corporate limits of the city are extended so as to include therein businesses, professions, and trades located therein which were previously licensed through an examination or otherwise by the governing authority of the annexed area, such licenses shall have the same dignity and standing as if they were in the first place issued by the governing authority of the city;

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provided, however, that any businesses not located therein must secure a new license from the city; provided, further, that city license renewal fees shall be payable thereby following the calendar year of said extension of the corporate limits. No such license shall have such dignity and standing unless the licensee applies to the city for a certificate of proficiency within six months after approval of the annexation affecting such licensee. SECTION 6-103. Assessment, return, and collection of city taxes. (a) Except as otherwise provided by general law, this charter, or ordinance, all taxes on property subject to taxation other than assessments made by the revenue commissioner of Georgia shall be assessed by the Fulton County or DeKalb County board of tax assessors and collected by the Fulton County or DeKalb County tax commissioner in accordance with applicable laws as now or hereafter amended governing the return, assessment, and collection of taxes with the City of Atlanta. The tax commissioners shall receive all tax returns for the city of all taxable property located in the city within Fulton County and DeKalb County except business property situated in such counties, the return of which shall be made to the board of tax assessors of Fulton or DeKalb Counties as provided by Georgia law. For the City of Atlanta in Fulton County and for that portion of the City of Atlanta located in DeKalb County, the tax commissioners shall prepare consolidated tax return forms for state, county, and city taxes and shall cause their use for the return of such property. The tax commissioners shall bill for all taxes due to the city on property in such counties and shall receive all payments of such taxes, including interest and fi. fa. costs thereon. He or she may be authorized by the governing body to collect delinquent taxes due to the city on property in such counties with the same powers and authorities held by the chief financial officer of the city. Sales made by the tax commissioner shall carry the title to the property as if made by the city's chief financial officer. (b) Any tax commissioner shall give bond payable to the City of Atlanta, in an amount to be determined by ordinance, conditioned upon payment to the city of all sums collected by him or her for and on behalf of the city. The premium on such bond shall be paid by the city. (c) The time or times for the payment of taxes assessed against real estate and personal property in the city shall be fixed by ordinance of the governing body; provided, however, that said ordinance shall not be changed during any current year but shall apply to the years succeeding the date of the passage of such ordinance. The ordinance may provide for payment of taxes monthly, quarterly, or otherwise; and on failure to pay the taxes or installment on taxes, such taxes shall bear interest at such rate as may be fixed by the governing body, to be charged on any installment not paid at the time ordained. If all the tax assessed for the current year is paid during the first tax period fixed, as provided by ordinance, a discount for

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such payment, not exceeding 3 percent, may be provided for by ordinance, on the total amount of such annual taxes. If the total taxes are not paid during the first period, but are paid during some of the other periods fixed in the ordinance, a discount may be allowed thereon not exceeding the stated sum of 3 percent; provided, however, that there shall be deducted from the discount a proportionate sum corresponding to the period of the year during which such taxes remain unpaid. The interest shall be computed from the date the taxes are made payable. The times of payment shall be provided by ordinance, with one or more times of payment during the current year. If any ad valorem tax or portion of ad valorem tax is not paid at the time prescribed by ordinance, execution shall be issued for the entire tax or the unpaid balance of the entire tax on December 20 and shall bear interest from August 15; provided, however, if December 20 of any year shall fall on Sunday, then the fi. fa. shall be dated December 21. (d) The governing body may provide by ordinance for penalty for late payment of business licenses, taxes, and sanitary services in such amounts as deemed necessary. (e) The chief financial officer shall be ex officio marshal and shall collect all delinquent taxes and shall be authorized to collect or levy fi. fas. for taxes, assessments, and fines; make sales of property to satisfy executions under the laws applicable to sheriff's sales; issue, sign, and record executions; and issue tax executions instanter against the owner of personal property, subject to a lien for unpaid taxes, which is being removed or is about to be removed beyond the limits of the city. He or she shall pay into the city treasury all fees paid into his or her office. He or she shall transfer and assign all fi. fas. issued for assessments, as provided by law for tax fi. fas. A deputy of the chief financial officer, or any other city officer as provided by ordinance, may issue and sign executions and levy fi. fas. A proportionate amount of taxes due under a fi. fa. may be paid, as to a particular lot or tract of land, to withdraw said land from the lien thereof. Deeds made under this section shall be admissible in evidence on the same terms as deeds made for state and county taxes. The proceedings preliminary to the execution of such deeds shall also be admissible. The governing body may sell and transfer executions at a discount or discounts and preserve liens as provided in Ga. L. 1937, p. 795, as amended. Personal property levied on in the city may be sold at any place within the corporate limits thereof as provided by ordinance. The chief financial officer shall deduct from any payment due by the city to pay any person, firm, or corporation the amount of any delinquent bill or amount due the city prior to the payment of any such bill or account. (f) It shall be the duty of the tax commissioners to furnish with all tax bills a detailed statement which includes (1) purposes for which the taxes have been assessed and levied and (2) the number of mills assessed; for general operations and debt service, schools, parks, and any other purpose for which taxes have been assessed and levied; the dollar amount of taxes

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levied by purpose; and any other relevant information necessary to advise the taxpayers, either on the statement or on a paper to be enclosed with the statement, concerning the taxes imposed on them. (g) The chief financial officer shall be ex officio treasurer of the city and shall assume all the duties as may be required of that office. SECTION 6-104. Collection of public utility taxes. The chief financial officer, as ex officio marshal, shall collect all taxes, including sanitary taxes and delinquent taxes, due the city by public utilities. Utility ad valorem taxes shall be paid within the period fixed for payment of ad valorem taxes generally or within 20 days following certification by the state revenue commissioner, whichever is later. He or she is further empowered to collect, levy, issue, transfer, and assign all fi. fas. for taxes and fines, to see property so levied on under rules governing the sheriff and his or her deputies, to issue and assign executions and instanter execution for taxes and assessments, and to perform such other services as the governing body shall prescribe by ordinance; provided, however, property so levied upon may be redeemed by proportionate payment of taxes, as provided for in an Act of the General Assembly approved March 24, 1933 (Ga. L. 1933, p. 279). Provided, however, that nothing contained in this section shall abrogate the central assessment and return provisions of general law as applied to public utilities. SECTION 6-105. Fulton and DeKalb County territory. (a) The governing body shall be authorized to contract with Fulton and DeKalb County tax receivers and commissioners for that portion of the city lying within such counties for consolidated tax return forms, tax digests of property returned, billing for taxes, receipt of payment for such taxes, and payment to the city of such sums as provided in this chapter. Compensation for rendering such services shall be an amount equal to the cost of rendering the services but not to exceed 1 percent of all sums collected for the city. (b) The records of the tax receivers or commissioners of any counties in which portions of the city lie shall be available at all business hours to duly authorized representatives of the city and any members of the public. (c) The contents and delivery of tax bills, information to be furnished by the city, payment of taxes in installments, apportionment of taxes, partial payments, kinds of taxes collected, tax executions, and bonds of tax collectors or tax commissioners shall be provided for by ordinance in accordance with an Act of the General Assembly approved February 21, 1951 (Ga. L. 1951, p. 3087), and an Act of the General Assembly approved

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March 2, 1953 (Ga. L. 1953, p. 2809), as amended, and as otherwise required by law. SECTION 6-106. Homestead exemptions. (a) The maximum homestead exemption as authorized by law is applicable to all property qualifying for such exemption which is subject to ad valorem taxes in the city. (b) The procedures and requirements for determination of eligibility, application for exemption, time for filing, and absence due to duty in armed forces shall be provided for by ordinance. SECTION 6-107. No new grant of taxing power. Any other provisions of this charter to the contrary notwithstanding, nothing contained within this charter shall be deemed nor construed to confer upon the City of Atlanta any power to levy and assess taxes and fees which the city did not possess on January 1, 1973. Provided, however, nothing contained within this section shall preclude said city from exercising additional powers to levy and assess taxes and fees which are conferred by general or local law, other than this charter, which are enacted subsequent to January 1, 1973. Chapter 2. Borrowing and Indebtedness SECTION 6-201. Bonds to be issued and sold under general state laws. The city shall issue and sell bonds under the provisions of the general laws of the state; and where an issue of bonds is desired and the purposes thereof are legal and the amount proposed is not in excess of the constitutional limit, the governing body shall call an election when required therefor by ordinance, observing any and all formalities of notice, time, place and manner of election, voting, and declaring the result as provided by the general laws. SECTION 6-202. Issuance of general obligation bonds. (a) The city shall be authorized to issue and sell general obligation bonds under the provisions of the Constitution and of the laws, both general and special, of the state as now or hereafter permitted for any public purpose. (b) The city shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the

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territorial limits of the city, as the same may now exist and may be hereafter changed, to pay the principal of, redemption premium, if any, and interest on general obligation bonds issued by the city. SECTION 6-203. Limitations upon general obligation bonds. (a) The city shall be authorized to incur general bond indebtedness to the extent authorized by the Constitution of Georgia of 1983, as now or hereafter amended, and the general laws of this state. (b) The proceeds from said general obligation bonds shall be utilized only for the purposes authorized by the bond issue; provided, however, the proceeds of such bonds shall not be utilized for payment of other than capital expenditures or expenses incidental thereto. SECTION 6-204. Issuance of general obligation bonds. The city shall be authorized to issue general obligation bonds as provided by the Constitution and laws of Georgia. SECTION 6-205. Revenue bonds. The city is empowered and authorized to issue revenue bonds in the manner authorized by the Constitution and laws of Georgia. SECTION 6-206. Other revenue bonds. The city shall be authorized to issue revenue bonds for the waterworks system, for sanitary services, and for grandstands and stadiums as provided by the Constitution of Georgia of 1983, as now or hereafter amended. SECTION 6-207. Special assessment bonds. The city shall be authorized to issue special assessment bonds as provided by the Constitution and laws of Georgia. SECTION 6-208. Investment of surplus funds. The chief financial officer shall be authorized by ordinance to invest or reinvest all surplus funds of any type not immediately needed.

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SECTION 6-209. Registration, transfer, and negotiation of bonds. The city is hereby authorized and empowered to provide for and regulate the registration of bonds of the city and to prescribe the manner in which such bonds have been registered and may be transferred or negotiated. SECTION 6-210. Issuance of registered bonds in lieu of coupon bonds. The city may provide for the issuance of registered bonds of the city in lieu of any coupon bonds issued by the city. Chapter 3. Fiscal Control SECTION 6-301. Budget commission. (a) There is hereby created a budget commission consisting of the mayor, chief financial officer, chairperson of the finance committee or equivalent committee of the governing body, and two governing body members nominated by the mayor and confirmed by the governing body for one-year terms. (b) The budget commission: (1) Shall annually prepare and file with the governing body for submission to the mayor the budget revenue anticipations for the city, provided that such anticipations shall not exceed 99 percent of the normal revenue collected during the previous year, with the following exceptions: (A) the normal revenue which the city may be expected to collect from the taxable property in newly annexed territory may be anticipated; (B) collections from tax executions on real estate and on personal property and choses in actions owned by the city may be anticipated, provided that revenues from such anticipations shall not exceed 85 percent of tax executions on real estate and 50 percent of tax executions on personal property not more than three years old and choses in actions certified solvent and collectable by the tax assessor. When such revenue anticipations have been filed, they shall be binding upon the governing body without any action of approval or disapproval; (2) Shall allocate a sum sufficient to provide for debt service, including sinking fund and interest on bonded indebtedness, and any other appropriations required by law, which such shall not be diverted to any other purpose; (3) In the event the income of the city should be decreased by law, either by act of the General Assembly or by the governing body, it shall

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be the duty of the budget commission to immediately adjust the budget revenue anticipations to comply with such decreased revenue. In the event of an increase in the tax rate, or if the schedule of charges for city service, such as water service, sanitary service, or any other similar assessments or charges should be changed by law, the budget commission may revise the budget revenue anticipations and considering assessments, sanitary service charges, or any other similar assessments or charges of the previous year apply new rates thereto and adjust the budget revenue anticipations accordingly; (4) In the event the city receives any money, income, or revenue from any extraordinary source, either by sale of its property, gift, grant, or otherwise, which has not been considered in the preparation of the budget revenue anticipations or other normal revenue in excess of appropriations, the budget commission shall have the right to allocate immediately such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shall be considered as a part of the normal revenue of the city; (5) If at any time during any year, the expenditures exceed the revenues collected and a deficit is created, it shall be the duty of the budget commission before appropriating any other sum for any purpose other than the interest and sinking fund on the bonded indebtedness to appropriate a sufficient sum to immediately discharge any deficit which has accrued during the preceding year. SECTION 6-302. Adoption of budget. (a) The mayor shall prepare and submit the proposed annual budget to the governing body no later than the second regular meeting of the governing body in the first month of the fiscal year. (b) The governing body shall hold one or more public hearings on the proposed budget as required by the laws of Georgia, notice of which shall be published in a newspaper of general circulation in the city at least seven days prior to the date set therefor. (c) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this charter, including but not limited to debt service, sinking fund, and interest on bonded indebtedness which sums shall not be diverted to any other purpose, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (d) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than the second regular meeting in the second month of each fiscal year.

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SECTION 6-303. Expenditures of excess in receipts over appropriations. The governing body is hereby authorized to expend and use any excess in the receipts of the city of any year over the amount appropriated for such year, provided such expenditure shall in no case exceed the actual receipts for such year. SECTION 6-304. Budget amendments. (a) The finance committee or equivalent committee of the governing body shall approve or disapprove all measures to expend money prior to their consideration by the governing body, provided that upon the committee's failure to report thereon by the second regular meeting of the governing body following a reference to the committee, the governing body may act on such measures without such report. (b) The finance committee or equivalent committee of the governing body shall approve or disapprove all measures pertaining to the intradepartmental transfer of appropriations from one line item account to another line item account in the operating funds of the city prior to their consideration by the governing body; provided, however, the governing body shall not transfer to any other department funds that have been set aside for debt service, including sinking fund and interest on bonded indebtedness, and any other appropriations required by law or for the deficit of a prior year. (c) Intradepartmental transfers of appropriations from one line item account to another line item account in the operating funds, the working capital fund, and the grant funds of the city may be made upon unanimous approval of the chairperson of the finance committee or equivalent committee of the governing body, the head or director of the department affected, the chief financial officer, and the chief operating officer. When the decision to transfer intradepartmental funds is not unanimous, such transfers shall be submitted to the governing body by the chairperson of the finance or equivalent committee of the governing body for approval or disapproval. The chairperson of the finance or equivalent committee of the governing body and the chief financial officer are jointly authorized to transfer appropriation surpluses, as the same may occur, from line accounts in the various departments of the operating funds, the working capital fund, and the grant funds of the city. Copies of any transfers shall be filed with the municipal clerk at the next regular meeting of the governing authority after said transfer of appropriations or appropriation surplus is made. The clerk shall enter such transfers in the minutes of such meeting and announce to the members of the governing body that such transfers

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have been made. The provisions of this subsection shall apply to the transfer of surplus funds from salary accounts. SECTION 6-305. Unlawful obligations void. (a) The city shall incur no obligation, except bonds lawfully issued, in excess of the annual budget and such other special appropriations as may be lawfully made and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity. (b) All contracts entered into by the governing body, contrary to the provisions of this charter, for the purpose of raising money, or otherwise engaging the credit of the city, shall be null and void as to the city, but the mayor, if he or she approves, and all members of the governing body, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts, which liability may be enforced against such mayor and members of the governing body in any court of this state having jurisdiction thereof. SECTION 6-306. Appropriations for charitable purposes. The governing body of the City of Atlanta shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to any corporation, company, association, or institution for purely charitable purposes. The governing body shall also have the authority to enter into contracts and agreements with any school of higher learning located in the city for services to be rendered the city and payment for such services may be made from funds derived from taxation. The governing body is authorized, in its discretion, to select the recipients of such appropriations and donations and as to determine the amounts of same. SECTION 6-307. Authority of city to contract with commissions, councils, boards, etc. With respect to services and properties of any kind or character related to corporate, municipal, governmental, or public purposes, the City of Atlanta shall have the authority to contract with any commission, council, or board, created by the governing body of the city or otherwise, or with any other corporation, company, association, institution, or individual. SECTION 6-308. Audit. (a) The governing body shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the city and

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departments, boards, and commissions thereof. The audit shall be made by a certified public accountant or a certified public accounting firm, the members of which are independent as defined by professional rules of conduct prescribed by the national association governing the practices of certified public accountants. (b) The final report of the annual audit shall be completed as soon as practicable after the close of the year and in no event later than six months thereafter. Said report and the opinion and recommendations of those making the same shall be: (1) Made available to the public at actual printing cost; (2) Made available thereto for inspection at no charge; and (3) Sent to the grand juries of Fulton and DeKalb counties then in session, to the Atlanta-Fulton Public Library, and to the state auditor. SECTION 6-309. Accounting systems. The chief financial officer shall be responsible for the administration of the accounting systems of the city, for proper recording of receipts and disbursements of each department, fund, or other breakdown, and shall provide a financial statement not less than monthly to the mayor, governing body, and other agencies as may be required. SECTION 6-310. Increase in salaries. The governing body shall not increase the salaries or other remuneration in any form of any officer or employee of the city during the fiscal year except by ordinance as finally adopted and approved on or before the last day of the third month of any fiscal year; however, normal salary increments as authorized by the city's pay plan and reclassifications may be provided for, salaries for new offices or positions may be fixed, salaries may be reduced because of economic conditions, or positions may be abolished. SECTION 6-311. Evidence of justice of claims. Whenever a warrant or claim shall be presented to the chief financial officer, he or she shall have the power to require evidence that the amount claimed is justly due and for that purpose may summon before him or her any officer, agent, or employee of any department or other person and examine him or her upon oath or affirmation, relative to such warrant or claim, and may require the production of books and papers to be used as evidence before him or her.

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Chapter 4. Procurement and Disposition of Property SECTION 6-401. Contracting procedures. (a) The governing body shall prescribe by ordinance or resolution the procedures to be followed in the making of contracts which shall bind the city. The governing body is authorized to remedy present discrimination or the present effects of past discrimination by an affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Georgia. All contracts shall be approved as to form by the city attorney. The mayor shall sign all contracts; however, the governing body may authorize the mayor by ordinance to designate another appropriate official to sign any type contract. The municipal clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the chief financial officer. (b) Notwithstanding the foregoing, all contracts which bind the city and Fulton County jointly in accordance with the terms and conditions of a joint venture agreement for the construction and operation of a water treatment plant and appurtenances may be signed and approved by duly authorized officers of said joint venture, provided that sufficient funds for each such contract have been appropriated by the city and Fulton County. SECTION 6-402. Purchasing procedures. (a) The governing body shall prescribe by ordinance or resolution the proceures for all purchases of real and personal property by the city. The following alternative methods of securing contracts are hereby authorized, as set forth in and defined by ordinances currently effective or hereafter adopted or amended by the city council: competitive sealed bidding; competitive sealed proposals; small purchases not exceeding $20,000.00; sole-source procurement; emergency procurement; and competitive selection procedures for professional and consultant services. Awards of contracts shall be made to the most responsible and responsive firm which complies with the requirements of any existing minority and female business opportunity development plans as established by city ordinance. The terms competitive bidding and most responsible and responsive firm shall be defined to include compliance with the requirements of any minority and female business participation plan which has been implemented by city ordinance pursuant to: (1) A finding by the city that such a plan is necessary to remedy the effects of prior private and public discrimination in the procurement and contracting practices of the city;

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(2) A requirement by federal law that the city maintain such a plan for purposes of receiving any federal grants or loans; (3) A finding by a judicial tribunal that such a plan is necessary to remedy past or present private and public discrimination in the procurement and contracting procedures of the city. (b) In determining the most responsible and responsive firm, the purchasing and contracting authority shall consider the following factors: (1) The ability, capacity, and skill of the firm to perform the contract or to provide the services required; (2) The capability of the firm to perform the contract or provide the service promptly, or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the firm; (4) The quality of performance of previous contracts or services; (5) The previous and existing compliance by the firm with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources and ability of the firm to perform the contract or provide the service; (7) The compliance of the firm with the requirements of an equal employment opportunity in contracting program as may be prescribed by ordinance; (8) The compliance of the firm with the requirements of a minority and female business enterprise participation program as may be prescribed by ordinance; (9) The quality, availability, and adaptability of the supplies or services to the particular use required; (10) The number and scope of conditions attached to the bid by the firm, if any; and (11) Price. (c) Any and all bids or proposals may be rejected when it is in the best interest of the city to do so; in addition to the foregoing, the governing body shall prescribe by ordinance the procedure for amending, modifying, or otherwise changing contracts and for authorizations for the purchase of goods, materials, supplies, equipment, and services. Prior to the making of purchases and contracts, or amendments, modifications, or changes thereto, the availability of adequate funds shall be certified by the chief financial officer as provided by ordinance.

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(d) Any and all competitive bids or proposals shall be sealed and shall be opened at the same time in a public place as directed by the council and remain open for public inspection. (e) Contractual work related to any competitive sealed bid or proposal shall not be broken into components or parts so as to avoid the council's approval of awards of greater than $100,000.00. (f) In exercising the power of purchasing and procurement provided for in Section 3-104 of this charter, the mayor shall adhere to the provisions within this charter and any ordinance governing purchasing and procurement; provided, however, when the mayor proposes to let a contract to one other than the lowest bidder or offeror or award a contract which has not been competitively procured, the contract shall be approved by the council prior to an award of contract. Any contracts awarded by the mayor pursuant to the powers provided in Section 3-104 of this charter and the provisions herein shall be reported monthly by the director of the bureau of purchasing and real estate to the president of the council and councilmembers. (g) The governing body may prescribe different procedures for sales and other disposition of real and personal property acquired by the city pursuant to any approved application or amended application under Title I of the Housing and Community Development Act of 1974, as amended. (h) The governing body may authorize different procedures for all purchases of real and personal property in connection with its joint venture with Fulton County for the construction and operation of a water treatment plant and appurtenances, provided that funds for each such purchase have been appropriated by the city and Fulton County. (i) As used in this charter section, the word firm shall mean and include any individual, partnership, corporation, association, joint venture, or other legal entity authorized to do business in Georgia which desires to contract with the City of Atlanta. SECTION 6-403. Sale and disposition of property. The governing body shall prescribe by ordinance or resolution the procedures for all sales and other disposition of real and personal property by the city. ARTICLE 7 Interim and General Provisions SECTION 7-101. Officials; officers and employees. (a) The current terms of office of all elected and appointed officials and officers of the city and its agencies, serving on the effective date of this charter, shall not be diminished and shall continue in full force and effect.

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(b) The provisions of this charter establishing a residency requirement for appointed officials and employees shall not apply to those holding such appointed offices and positions prior to the effective date of this charter. SECTION 7-102. Existing ordinances and resolutions continued in effect. Existing ordinances and resolutions of the City of Atlanta and existing rules and regulations of departments and agencies thereof not inconsistent with the provisions of this charter shall be effective as ordinances and resolutions of the council and rules and regulations of the appropriate department or agency thereof until they have been repealed, modified, or amended. SECTION 7-103. Contracts and obligations. All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Atlanta or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the city. SECTION 7-104. Transfer of certain provisions to the code. (a) The provisions of Division 2 (Housing Commission), Chapter 4 (Boards and Commissions) of Article 3 being deleted by this charter are hereby transferred to Part 8 of the code of ordinances. (b) The provisions of Section 3-503 (Civil service board) being deleted by this charter are hereby transferred to Part 5, Chapter 2 of the code of ordinances. (c) The provisions of Article VIII (Administrative Organization Ordinance) being deleted by this charter are hereby transferred to Part 2, Chapter 4 of the code of ordinances. SECTION 7-105. Existing rights and interests. (a) Any rights or interest, public or private, vested in whole or in part on the effective date of this charter, whose validity might be sustained or preserved by reference to any provisions of law repealed by this charter, shall not be affected by this charter. This section shall not apply to any right or interest in any elective public office not conferred by this charter. (b) Any rights or interests, public or private, derived from or which might be sustained or preserved in reliance upon action taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of

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any provisions of law repealed by this charter, shall not be affected by this charter. (c) Neither the mayor, the council, nor other officers of the city shall have authority or power to sell, exchange, farm out, lease out, or in any way alien the property, easements, income, or other equipment, privileges, or assets belonging and appertaining to its system of waterworks; and all contracts, negotiations, grants, leases, or other forms of transfer in violation of this section are declared void and of no effect, as against the city, and any official voting therefor shall be deemed guilty of violating his or her duty and subject to impeachment and removal from office therefor; provided, however, that the provisions of this subsection shall not apply to the sale, exchange, or alienation of such articles or equipment of said waterworks system as are worn out or useless or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment; and provided, further, that the mayor and council or other officers above named are authorized to make exchanges of portions of said property whenever it is to the advantage of the city in order to secure better roads and approaches to from or around said property. (d) The provisions of Ga. L. 1951, pp. 529 et seq., 531 et seq., 537 et seq., 549 et seq., 3014 et seq., 3018 et seq., 3048 et seq. and 3057 et seq., protecting the pension rights in connection with the plan of improvement recommended by the local government commission (Ga. L. 1949, p. 921), shall continue to apply to employees of counties, boards of education, and any other agencies designated in said Acts in the event of any future annexations of territory to the city. (e) There shall be on the DeKalb County Board of Health to represent the city two members, who shall be residents of that part of the city situated in DeKalb County, which members shall be appointed by the council. The term of office of such members shall be four years and until their successors have taken office. The municipal clerk shall certify the names of the members thus appointed to the chairperson of the DeKalb County Board of Health. Vacancies for any cause shall be filled by appointment for the unexpired term by the council. (f) No other municipality or town shall have any authority, although the land may be located within its limits, to charge or exact any license fees or occupation taxes for the operation by the City of Atlanta of a landing field therein or for the operation or conduct of any business or occupation thereon. Nor shall such other municipality or town have any authority to assess or collect any ad valorem tax against said land as against the City of Atlanta or otherwise where said city might be required to pay same, if held under lease; nor shall such other municipality or town have any authority to lay any improvements in, through, or along said property such as street paving, sidewalks, curbing, sewers, or otherwise and assess and collect the cost thereof against said land if owned by the City of Atlanta or under lease

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contract by the City of Atlanta or otherwise where said city might be called upon to pay or discharge the same. (g) The mayor, president of the council, and members of council shall receive as their annual salaries such amounts being received as of the effective date of this charter until such amounts are changed by the council in accordance with the provisions of this charter. SECTION 7-106. Section captions. The captions to the several sections of this charter are informative only and are not to be construed as a part thereof. SECTION 7-107. Effect of repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing act or by any provisions of this charter that disclaim an intention to repeal or affect enumerated laws. SECTION 7-108. Severability of sections. If any section, subsection, paragraph, sentence, clause, phrase, word, or provision of this charter, or the application thereof of any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this charter, which shall remain in full force and effect; and to this end the provisions of this charter and the applications thereof are hereby declared to be severable. In the event any provision of this charter is declared invalid for any reason, then the provision pertaining to the same subject matter that existed in the prior charter of the City of Atlanta shall be in force and effect and applicable until repealed. SECTION 7-109. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7-110. Specific repeal of prior laws. All laws and parts of laws in conflict with this charter are hereby repealed. The charter of 1973 (Ga. L. 1973, p. 2188) and all Acts amendatory thereof are hereby specifically repealed in their entirety except for those provisions of said charter and amendatory Acts thereof defining the boundaries of the

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City of Atlanta on the first Monday in January of 1974; and except for any other provisions of such charter specifically incorporated herein by reference and which are not in conflict herewith. SECTION 7-111. Repealer. All laws and parts of laws in conflict with this Act are repealed. CHARTER APPENDIX I COUNCIL DISTRICTS City Council District Boundaries of the City of Atlanta, Georgia: COUNCIL DISTRICT 1 BEGINNING at the intersection of Moreland Avenue and Glenwood Avenue; thence west along Glenwood Avenue to the CSX Railroad right-of-way; thence north along said Railroad right-of-way to Interstate 20; thence west along Interstate 20 to Boulevard Drive; thence north along Boulevard Drive to Memorial Drive; thence west along Memorial Drive to Kelly Street; thence south along Kelly Street to Glenwood Avenue; thence west one block along Glenwood Avenue to Connally Street; thence south along Connally Street to Georgia Avenue; thence east along Georgia Avenue to Primrose Street; thence south along Primrose Street to Ormond Street; thence east along Ormond Street to Hill Street; thence south along Hill Street to its intersection with the CSX Railroad right-of-way; thence southwesterly along said Railroad right-of-way to Pryor Street; thence south along Pryor Street to Claire Drive; thence southeasterly along Claire Drive to Shadydale Avenue; thence south along Shadydale Avenue to Lakewood Avenue; thence southwesterly along Lakewood Avenue to Macon Drive; thence southerly along Macon Drive to the South River; thence southeast along the South River to the City limits line; thence north along the City limits line and Moreland Avenue to the intersection of Glenwood Avenue, which is the POINT OF BEGINNING. COUNCIL DISTRICT 2 BEGINNING at the intersection of North Avenue and Moreland Avenue; thence west along North Avenue to Piedmont Avenue; thence north along Piedmont Avenue to 10th Street; thence west along 10th Street to Peachtree Street; thence north on Peachtree Street to 14th Street; thence west along 14th Street to State Street; thence south along State Street to Ferst Street; thence west, then south, then east along Ferst Drive to State Street, if extended; thence south along State Street, if extended, to North Avenue; thence southwest, then west along North Avenue to its intersection with Northside Drive; thence south, then southeast along Northside Drive to Simpson Street; thence east along Simpson Street to its intersection with the CSX/Southern

Page 4550

Railroad right-of-way; thence south along said Railroad right-of-way to its intersection with Martin Luther King, Jr., Drive; thence west along Martin Luther King, Jr., Drive to Elliot Street, as extended, thence south along Elliot Street, as extended, to Nelson Street; thence southwest along Nelson Street to Walker Street; thence southwest along Walker Street to its intersection with Fair Street; then southeasterly, then east along Fair Street to Windsor Street; then south on Windsor Street to its intersection with the Southern Railroad right-of-way; thence southeasterly along said Railroad right-of-way to its intersection with the CSX Railroad right-of-way; thence northeasterly along the CSX Railroad right-of-way to Hill Street; thence north along Hill Street to Ormond Street; thence west along Ormond Street to Primrose Street; thence north along Primrose Street to Georgia Avenue; thence west along Georgia Avenue to Connally Street; thence north along Connally Street to Fulton Street; thence west along Fulton Street to Martin Street; thence north along Martin Street to Fulton Street; thence west along Fulton Street to Capitol Avenue; thence north along Capitol Avenue to Martin Luther King, Jr. Drive; thence northwest along Martin Luther King, Jr. Drive to Washington Street; thence northeast along Washington Street to the CSX/Georgia Railroad right-of-way; thence southeast, then northeast along said railroad right-of-way to its intersection with Moreland Avenue; thence north along Moreland Avenue to North Avenue, which is the POINT OF BEGINNING. COUNCIL DISTRICT 3 BEGINNING at the intersection of North Avenue and the CSX/Southern Railroad right-of-way; thence northwesterly along said Railroad right-of-way to the intersection of the Southern/CSX Railroad right-of-way; thence south along saidRailroad right-of-way to Proctor Creek; thence westerly along said Creek to the intersection of Proctor Creek and Francis Place; thence north along Francis Place to the intersection with Grove Park Place, thence west along Grove Park Place to the intersection with Hortense Way; thence southwest along Hortense Way to its intersection with Hortense Place; thence west along Hortense Place to the intersection of Elizabeth Place; thence south along Elizabeth Place to Baker Road; thence southwest along Baker Road to the intersection of Arlington Circle; thence north, then west, then south along Arlington Circle to the intersection at Baker Road; thence west along Baker Road to Hightower Road; thence south along Hightower Road to the CSX Railroad right-of-way; thence east along said Railroad right-of-way to its intersection with Anderson Avenue; thence south along Anderson Avenue to Martin Luther King, Jr. Drive; thence northeast along Martin Luther King, Jr. Drive to the intersect of Ashby Street; thence south along Ashby Street to the intersection of Fair Street; thence east along Fair Street to the intersection of Lawshe Street; thence north along Lawshe Street to

Page 4551

Parsons Street; thence east on Parsons Street to Elm Street; thence south on Elm Street to Fair Street; thence east on Fair Street to Walker Street; thence northeast along Walker Street to Nelson Street; thence northeast on Nelson Street to Elliot Street; thence north along Elliot Street, as extended, to Martin Luther King, Jr. Drive; thence east along Martin Luther King, Jr. Drive to the CSX/Southern Railroad right-of-way; thence north along said Railroad right-of-way to its intersection with Simpson Street; thence west along Simpson Street to Northside Drive; thence northwest, then north along Northside Drive to North Avenue; thence east along North Avenue to the intersection of the CSX/Southern railroad right-of-way, which is the POINT OF BEGINNING. COUNCIL DISTRICT 4 BEGINNING at the intersection of Ralph David Abernathy Boulevard and Martin Luther King, Jr. Drive; thence southeast on Ralph David Abernathy Boulevard to the intersection of Cascade Avenue; thence southwesterly along Cascade Avenue to the intersection of Beecher Street; thence west along Beecher Street to the intersection of Rosemary Avenue; thence south along Rosemary Avenue to the intersection of Clearvue Terrace; thence west, then south, then southeast on Clearvue Terrace to Cascade Avenue; thence southwesterly along Cascade Avenue to Cascade Circle; thence southwest, then south along Cascade Circle to the intersection of Cascade Avenue; thence southwest along Cascade Avenue to Centre Villa Drive; thence south along Centre Villa Drive to Venetian Drive; thence east along Venetian Drive to Campbellton Road; thence east along a line, as extended, to Ingram Street; thence east along Ingram Street, as extended, to the intersection of Lee Street; thence northeast along Lee Street to the intersection of the CSX Railroad right-of-way; thence southeast, then northeast along said Railroad right-of-way to the intersection of the Southern Railroad right-of-way; thence northwest along said Railroad right-of-way to the intersection of Windsor Street, as extended; thence north along Windsor Street, as extended, to Fair Street; thence west, then northwest along Fair Street to Walker Street; thence south along Walker Street to Fair Street; thence west along Fair Street to Elm Street; thence north along Elm Street to Parsons Street; thence west on Parsons Street to Lawshe Street; thence south on Lawshe Street to Fair Street; thence west on Fair Street to Ashby Street; thence north on Ashby Street to Martin Luther King, Jr. Drive; thence west on Martin Luther King, Jr. Drive to Ralph David Abernathy Boulevard, which is the POINT OF BEGINNING. COUNCIL DISTRICT 5 BEGINNING at the intersection of Capitol Avenue and Fulton Street; thence east on Fulton Street to Martin Street; thence south one block

Page 4552

on Martin Street to Fulton Street; thence east on Fulton Street to Connally Street; thence north along Connally Street to Glenwood Avenue; thence east along Glenwood Avenue one block to Kelly Street; thence north along Kelly Street, as extended, to Memorial Drive; thence east along Memorial Drive to Boulevard Drive; thence south on Boulevard Drive to Interstate-20; thence east along Interstate-20 to the intersection of the CSX Railroad right-of-way; thence south along said Railroad right-of-way to the intersection of Glenwood Avenue; thence east along Glenwood Avenue to Moreland Avenue; thence south along Moreland Avenue to Vickers Street; thence following the City limit line in a northeasterly direction until its intersection with the CSX/Georgia Railroad right-of-way near the MARTA East Lake Station; thence west along the CSX/Georgia Railroad right-of-way to Washington Street; thence southwest along Washington Street to Martin Luther King, Dr. Drive; thence southeast along Martin Luther King, Jr. Drive to Capitol Avenue; thence south on Capitol Avenue to Fulton Street, which is the POINT OF BEGINNING. COUNCIL DISTRICT 6 BEGINNING at the intersection of I-85 North and the City limits line (immediately south of Buford Highway); thence southwest along I-85 to Peachtree Creek; thence southwesterly along Peachtree Creek to its intersection with the CSX Railroad right-of-way; thence southwesterly, then southeasterly along said Railroad right-of-way to the intersection of Piedmont Avenue; thence southwesterly along Piedmont Avenue to the intersection of 14th Street; thence west along 14th Street to Peachtree Street; thence south along Peachtree Street to 10th Street; thence east along 10th Street to Piedmont Avenue, thence south along Piedmont Avenue to North Avenue; thence east along North Avenue to Moreland Avenue; thence south along Moreland Avenue to its intersection with the Georgia/CSX Railroad right-of-way; thence east along saidRailroad right-of-way to the City limits line; thence northerly following the City limits line until its intersection with I-85 North, which is the POINT OF BEGINNING. COUNCIL DISTRICT 7 BEGINNING at the intersection of Roswell Road and the City limits line; thence southerly along Roswell Road to Peachtree Road; thence southerly along Peachtree Road to its intersection with 28th Street; thence west along 28th Street to Ardmore Circle; thence south, then southwest, then west along Ardmore Circle to Tanyard Creek; thence south along said Creek to Interstate-75; thence southeast along Interstate-75 to its intersection with the Southern Railroad right-of-way; thence southwest along said Railroad right-of-way to its intersection with Mecaslin Street; thence south along Mecaslin Street to its intersection with 16th Street; thence east one block along 16th Street

Page 4553

to State Street; thence south along State Street to its intersection with 14th Street; thence east along 14th Street to its intersection with Piedmont Road; thence northeast along Piedmont Road to its intersection with the Southern Railroad right-of-way; thence northwest, then northeast along said Railroad right-of-way to Peachtree Creek; thence northeast along said Creek to its intersection with Interstate-85 North; thence northeast along Interstate-85 North to the eastern City limits line; thence northerly following the eastern (north/south) City limits line to the northern (east/west) City limits line; thence westerly following the northern (east/west) City limits line to Roswell Road, which is the POINT OF BEGINNING. COUNCIL DISTRICT 8 BEGINNING at the intersection of the northern City limits line and Roswell Road; thence south along Roswell Road to the intersection of Peachtree Road; thence south along Peachtree Road to the intersection of 28th Street; thence west along 28th Street to the intersection of Ardmore Circle; thence south, then west along Ardmore Circle, as extended, to Tanyard Creek; thence southeasterly along Tanyard Creek to its intersection with I-75; thence southeasterly along I-75 to its intersection with the Southern Railroad right-of-way; thence southwesterly along said Railroad right-of-way to Mescalin Street; thence south along Mescalin Street to its intersection with 16th Street; thence east one block along 16th Street to the intersection of State Street; thence south along State Street to the intersection of Ferst Drive; thence west, then south, then east along Ferst Drive to State Street, if extended; thence south along State Street, if extended, to North Avenue; thence southwest along North Avenue to its intersection with the Southern Railroad right-of-way; thence northwesterly, then northeast along said Railroad right-of-way to its intersection with Howell Mill Road; thence north along Howell Mill Road to the intersection of I-75; thence northwesterly along Interstate-75 to its intersection with Peachtree Creek; thence westerly along said Creek to its intersection with Bohler Road; thence north along Bohler Road to its intersection with Battleview Drive; thence westerly along said Battleview Drive as extended to Peachtree Creek; thence westerly along said Creek to its intersection with the western City limits at the Chattahoochee River; thence northerly along said western City limits line to its intersection with the northern (east/west) City limits line;thence easterly along the northern (east/west) City limits line to its intersection with Roswell Road, which is the POINT OF BEGINNING. COUNCIL DISTRICT 9 BEGINNING at the intersection of Peachtree Creek and the western City limits line at the Chattachoochee River; thence southwesterly along said City limits line to a point, which is the common Land Lot

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line between Land Lots 18 and 20 of the 14 FF District; thence south along said Land Lot line to Sandy Creek; thence east along Sandy Creek to its intersection with Waterford Road, thence southerly along said Road to its intersection with Baker Ridge Drive; thence easterly along Baker Ridge Drive to its intersection with Hightower Road; thence southeast along Hightower Road to its intersection with Baker Road; thence east along Baker Road to Arlington Circle; thence north, then east, then south along Arlington Circle; thence northeast along Baker Road to Elizabeth Place; thence northeast along Elizabeth Place to its intersection with Hortense Place; thence east along Hortense Place to its intersection with Hortense Way, thence southeasterly, then northeasterly along Hortense Way to its intersection with Grove Park Place, then easterly along Grove Park Place to its intersection with Francis Place, then southerly along Francis Place to its intersection with Proctor Creek; thence northeasterly along said Creek to its intersection with the CSX Railroad right-of-way; thence northwest along said railroad right-of-way to the intersection of the CSX/Southern Railroad right-of-ways; thence southeasterly along said railroad right-of-ways to the Y track of the CSX/Southern railroad and Southern railroad; thence northeast along the Southern railroad right-of-way to its intersection with Howell Mill Road; thence northerly along Howell Mill Road to its intersection with Interstate-75; thence northwesterly along Interstate-75 to its intersection with Peachtree Creek; thence westerly along Peachtree Creek to its intersection with Bohler Road; then along said Road to its intersection with Battleview Drive; then along said Drive as extended to its intersection with Peachtree Creek; thence westerly along said Creek to the western City limits line, which is the POINT OF BEGINNING. COUNCIL DISTRICT 10 BEGINNING at the intersection of Cascade Road and Lynhurst Drive; thence north, then northwesterly along Lynhurst Drive to Spreading Oak Drive; thence west along Spreading Oak Drive to Laurelmont Drive; thence north along Laurelmont Drive to Benjamin Mays Drive; thence southeast along Benjamin Mays Drive to Willis Mill Road; thence northerly along Willis mill Road to Utoy Creek; thence southeast along said Creek to the common Land Lot line between Land Lots 203 and 182 of the 14th District; thence north along said Land Lot line to a point, which is the intersection of Land Lots 182, 203, 181, and 204 of the 14th District; thence east along the common Land Lot line between Land Lots 181 and 182 of the 14th District to its intersection with Handley Avenue; thence north along Handley Avenue to a point, which is one-half block north of Westwood Avenue if Handley Avenue were extended; thence east from said point along the rear property lines of those properties fronting on the north side of Westwood Avenue to a point, which is one-half block west of the eastern Land Lot line of Land Lot 172 of 14th District; thence south

Page 4555

from said point to a point on Westwood Avenue, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence east along Westwood Avenue to its intersection with South Gordon Street; thence southwest along South Gordon Street to Beecher Street; thence east along Beecher Street to Cascade Road; thence northeasterly along Cascade Road to Ralph Abernathy Boulevard; thence northwesterly along Ralph David Abernathy Boulevard to Martin Luther King, Jr. Drive; thence west on Martin Luther King, Jr. Drive to Anderson Avenue; thence north along Anderson Avenue to the CSX Railroad right-of-way; thence westerly along said Railroad right-of-way to Hightower Road; thence northwest along Hightower Road to Baker Ridge Drive; thence westerly along Baker Ridge Drive to its intersection with Waterford Road; thence northerly along said Road to its intersection with Sandy Creek; thence northwesterly along Sandy Creek to its intersection with Fulton Industrial Boulevard, the western City limits line; thence southwest, then westerly along the City limits line to the intersection of Mendel Drive and the City limits line; thence southeasterly following the City limits line to its intersection with Cascade Road; thence east along Cascade Road to its intersection with Lynhurst Drive, which is the POINT OF BEGINNING. COUNCIL DISTRICT 11 BEGINNING at the intersection of Cascade Road and the City limits line, west of Kingsdale Road; thence following said City limits line in a westerly, then southerly, and then northeasterly direction until its intersection with Stanton Road; thence north along Stanton Road to Leslie Road; thence west on Leslie Road to Hadlock Street; thence north on Hadlock Street to Campbellton Road; thence west on Campbellton Road to Willowbrook Drive; thence north on Willowbrook Drive to Venetian Drive; thence west on Venetian Drive to Centre Villa Drive; thence north on Centre Villa Drive to Cascade Road; thence northeast along Cascade Road to Cascade Circle; thence northeast along Cascade Circle to Cascade Road; thence northeast along Cascade Road to Cascade Terrace; thence northwest along Cascade Terrace to Clearvue Terrace; thence northeast along Clearvue Terrace to Rosemary Avenue; thence north along Rosemary Avenue to Beecher Street; thence west on Beecher Street to South Gordon Street; thence north on South Gordon Street to the intersection of Westwood Avenue; thence west along Westwood Avenue to a point, which is one-half block west of the intersection of Westwood Avenue and South Gordon Street; thence north to a point one-half block west of the eastern Land Lot line of Land Lot 172 of the 14th District; thence west from said point to a point, which is the one-half block north of Westwood Avenue, where Handley Avenue would intersect, if extended, thence south from said point along Handley Avenue to a point, which is the common Land Lot line between Land Lots 181 and 182 of the 14th District;' thence west along said Land Lot

Page 4556

line to a point, which is the intersecting point of Land lots 182, 203, 181 and 204 of the 14th District; thence south along the common Land Lot line between Land Lots 182 and 203 of the 14th District to Utoy Creek; thence northwesterly along said Creek to Willis Mill Road; thence south along Willis Mill Road to Benjamin Mays Drive to Laurelmont Drive; thence south along Laurelmont Drive to Spreading Oak Drive; thence east along Spreading Oak Drive to Lynhurst Drive; thence south along Lynhurst Drive to Cascade Road; thence west along Cascade Road to the western City limits line, which is the POINT OF BEGINNING; except that portion of unincorporated Fulton County which is located in Land Lots 29 and 30 of the 14 FF District. COUNCIL DISTRICT 12 BEGINNING at the intersection of the City limits line and Interstate-75 South at Mt. Zion Road; thence south along Interstate-75 to Central Avenue; thence northwesterly along Central Avenue to Convoy Drive; thence south along Convoy Drive, as extended, to the southern City limits line; thence east, then north along said City limits line to the South River; thence northwesterly along the South River to Macon Drive; thence northeast, then northwest along Macon Drive to Lakewood Avenue; thence northeast along Lakewood Avenue to Shadydale Avenue; thence north along Shadydale Avenue to Claire Drive; thence west, then northwest along Claire Drive to Pryor Street; thence north along Pryor Street to the CSX Railroad right-of-way; thence west, then northwest along said Railroad right-of-way to Lee Street; thence southwest along Lee Street to a point on Lee Street where Ingram Street would intersect, if extended; thence west from said point along Ingram Street, as extended, to Campbellton Road; thence west along Venetian Drive to Willowbrook Drive; thence south along Willowbrook Drive to Campbellton Road; thence northeast one block along Campbellton Road to Hadlock Street; thence south along Hadlock Street to Leslie Avenue; thence east along Leslie Avenue to Stanton Road; thence south along Stanton Road to the City limits line; thence in a southeasterly direction following said City limits line to Interstate-75, which is the POINT OF BEGINNING; also included is that non-contiguous portion of the City which lies in Land Lots 128 and 127 of the 14th District. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for a new charter for the

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City of Atlanta; to provide for the comprehensive revision and compilation of local laws relating to such city; and for other purposes. This 22nd day of January, 1996. Representative Kathy Ashe 46th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kathy B. Ashe, who, on oath, deposes and says that she is Representative from the 46th 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 22, 1996. /s/ Kathy B. Ashe Representative, 46th District Sworn to and subscribed before me, this 26th day of January, 1996. /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 1996 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Atlanta; to provide for the comprehensive revision and compilation of local laws relating to such city; and for other purposes. This 25th day of January, 1996. Representative Kathy B. Ashe 46th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kathy B. Ashe, who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

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the Decatur-DeKalb News/Era, which is the officialorgan of DeKalb County, on the following date: January 25, 1996. /s/ Kathy B. Ashe Representative, 46th District Sworn to and subscribed before me, this 26th day of January, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. FORSYTH COUNTY STATE COURT; CREATION. No. 1024 (House Bill No. 1712). AN ACT To create the State Court of Forsyth County; to provide for jurisdiction, powers, and pending matters; to provide for court facilities; to provide for the designation or the selection of the initial judge and solicitor; to provide for the election, qualifications, oath, duties, powers, terms, and compensation of successor judges and solicitors; to provide for terms of court; to provide for actions and rules of practice and procedure; to provide for jury trials; to provide for selection of jurors; to provide for proceeding and procedures in criminal cases; to provide for assistance by other judges and compensation therefor; to provide for the selection, duties, and compensation of the clerk; to provide for the selection, duties, and compensation of the court reporter; to provide for the selection, qualification, duties, and compensation of the judge pro hac vice; to provide for costs, fees, fines, and forfeitures; to provide for appellate review; to provide for the selection, duties, qualifications, and compensation of a solicitor pro tempore; to provide for effective dates; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Pursuant to Chapter 7 of Title 15 of the Official Code of Georgia Annotated, there is created a state court of Forsyth County, which shall be known as the State Court of Forsyth County, with the powers and duties set out in this Act.

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SECTION 2. The governing authority of Forsyth County shall provide an adequate place and facilities for the holding of the State Court of Forsyth County. The said court shall be located in the City of Cumming, Georgia. SECTION 3. (a) There shall be a judge of the State Court of Forsyth County who shall be selected as provided in this section. Qualifying and primary elections preceding the general election shall be as required by law. (b) The judge of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election shall become the judge of the State Court of Forsyth County upon the abolishment of the State Court of Cherokee and Forsyth Counties if that person is a permanent resident of Forsyth County and shall serve until December 31, 2000, and until the election and qualification of such officer's successor. The first judge of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 2000. The judge so elected in 2000 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2004, and upon the election and qualification of such officer's successor. That and all future successors to such judge whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A judge of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified. (c) If the judge of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election is not a resident of Forsyth County upon the abolishment of such court, the first judge of the State Court of Forsyth County shall be appointed by the Governor for a term of office beginning on January 1, 1997, and continuing through December 31, 1998, and until the election and qualification of such officer's successor. The first judge of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 1998. The judge so elected in 1998 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2002, and upon the election and qualification of such officer's successor. That and all future successors to such judge whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A judge of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified.

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SECTION 4. The judge of the State Court of Forsyth County shall have been a resident of the State of Georgia for three years, next preceding the beginning of said judge's term of office; the judge shall also have been a resident of Forsyth County for one year, next preceding the beginning of said judge's term of office. A qualified candidate shall not be less than 25 years of age at the commencement of his or her term of office, shall have been admitted to the practice of law for at least five years, and shall be a member in good standing of the State Bar of Georgia. The judge of the State Court of Forsyth County shall be a full-time judge and shall not engage in the private practice of law. The judge of the State Court of Forsyth County shall serve as judge of the Juvenile Court of Forsyth County upon approval of the judge of the superior court. SECTION 5. The State Court of Forsyth County shall have terms two months in duration, to be held on the first Monday of every other month commencing with the first Monday in February, 1997. Succeeding terms shall begin in April, June, August, October, and December. Such terms shall remain open for the transaction of business until the next succeeding term of said court. The terms of said court are subject to being lengthened or shortened upon the sole discretion of the judge of said court. The court shall be open at all times for business. Each term of said court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases, the judge of said court, in his or her own discretion, may omit the drawing of a jury for any term of said court; however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases. SECTION 6. All actions in the State Court of Forsyth County shall be commenced just as actions are commenced in the superior courts of this state. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, the Georgia Civil Practice Act, as it now exists and as it may be hereafter amended, shall serve as the rules of practice and procedure in the State Court of Forsyth County. SECTION 7. Either party may demand a jury trial at any time prior to commencement of the trial by filing a separate demand for trial by jury as allowed or restricted by state law; provided, however, where neither party demands a trial by jury the judge of the State Court of Forsyth County shall have the right on said judge's own motion and in his or her own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or said judge may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all

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other respects as if demanded by a party to said case. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party. SECTION 8. The jurors for the State Court of Forsyth County shall be drawn and selected from the jury box of the Superior Court of Forsyth County. The judge shall draw a sufficient number of jurors in the manner required by law. All laws with reference to the selection of traverse jurors in state and superior courts not inconsistent with the provisions of this Act shall apply to the State Court of Forsyth County. The jurors so drawn shall be summoned by the Sheriff of Forsyth County, or other lawful officer, in the manner authorized in the Superior Court of Forsyth County at least five days before the court date at which they are called to serve, and from the jurors drawn and summoned as provided in this section, there shall be impaneled in all civil cases to be tried by a jury in said court, a panel of 12 prospective jurors, and in each case, each side shall have three peremptory strikes, to be used as required by Georgia law, and the six remaining jurors shall constitute a jury for the trial of such case. If there should be any deficiency of jurors from cause or absence, the sheriff by direction of the court shall complete the jury by talesmen sufficient to meet the needs of the court. Each juror shall receive the same compensation while serving as a juror in said court as is paid in the superior court of said county, the same to be paid by Forsyth County under the laws governing the payment of superior court jurors. All laws of force with reference to the qualifications, oaths, exemptions, and financing of jurors in the superior courts of this state shall, when not inconsistent with the provisions of this Act, be observed in said State Court of Forsyth County. SECTION 9. (a) Proceedings in criminal cases in the State Court of Forsyth County shall be by accusation or referral of indictment by the Superior Court of Forsyth County and trial shall conform to the rules governing like proceedings in the superior court, except that the jury in said court shall consist of six jurors to be stricken alternately by the defendant and state from the panel of 12, as provided by Georgia law. The defendant shall be entitled to four peremptory strikes and the state shall be entitled to two peremptory strikes. The remaining jurors shall compose the jury. (b) All prosecutions in criminal cases instituted in the State Court of Forsyth County shall be by written accusation framed and signed by the prosecuting attorney of such court. The accusation need not be supported by an affidavit except in those cases where the defendant has not been previously arrested in conjunction with the transaction charged in the accusation and the accusation is to be used as a basis for the issuance of a warrant for the arrest of the defendant. Any prosecution for a county ordinance violation or traffic violation may be upon citation.

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(c) Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior courts, except for the provisions for jurors set forth in this section. (d) Said court shall sit as a committal court upon all criminal warrants issued by the judge thereof where demand is made therefor by an accused. (e) The clerk of the State Court of Forsyth County is authorized to receive all criminal warrants for filing, to assign each such warrant a case number, and to forward each such warrant to the office of the solicitor of said court for purposes of having an accusation drawn. SECTION 10. The judge of the State Court of Forsyth County may appoint a judge pro hac vice to discharge the duties of the judge temporarily when the services of a judge pro hac vice are required or when the judge is unable or disqualified to discharge the duties of his or her office. A candidate for judge pro hac vice must conform to the qualifications required of a judge of the state court as set out in Section 4 of this Act. When the appointment of such a person as judge pro hac vice, together with his or her oath, which shall be the same as is required of the judge, has been recorded in the office of the judge of the Probate Court of Forsyth County, such judge pro hac vice may exercise all the powers of the judge of said state court. Such judge pro hac vice appointment may be vacated at any time by order of the judge to be likewise recorded, and any other qualified person may be appointed as judge pro hac vice as provided in this section. The compensation of such judge pro hac vice shall be set by the judge of the state court subject to approval by the Board of Commissioners of Forsyth County and shall be paid from county funds. SECTION 11. The State Court of Forsyth County shall have jurisdiction within the territorial limits of the county and concurrent with the superior courts over the following matters: (1) The trial of criminal cases below the grade of felony. All such cases that are pending in the Superior Court of Forsyth County as of January 1, 1997, shall be immediately transferred to the State Court of Forsyth County; (2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts; (3) The hearing of applications for and the issuance of arrest and search warrants; (4) The holding of courts of inquiry;

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(5) The punishment of contempt by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both; (6) Review of decisions of other courts as may be provided by law; (7) All criminal cases pending in the State Court of Cherokee and Forsyth Counties as of January 1, 1997, with venue in Forsyth County and all other civil cases or matters in Forsyth County pending in the State Court of Cherokee and Forsyth Counties as of January 1, 1997, with venue in Forsyth County shall be transferred immediately to the State Court of Forsyth County and shall be within the exclusive jurisdiction of the State Court of Forsyth County; (8) All civil cases that are pending in the Superior Court of Forsyth County as of January 1, 1997, may be transferred to the State Court of Forsyth County, provided that such cases are within the jurisdiction of the state court. Such transfers require the consent of all parties. In the event a case is transferred from the Superior Court of Forsyth County to the State Court of Forsyth County, the case will proceed as if it had originated in said state court; and (9) All the jurisdiction that is allocated to state courts in Chapter 7 of Title 15 of the Official Code of Georgia Annotated as it now exists and as it may be hereafter amended. SECTION 12. The clerk of the Superior Court of Forsyth County shall be the clerk of the State Court of Forsyth County. The Sheriff of Forsyth County shall perform for the State Court of Forsyth County all those duties and service that are presently, or hereafter may be, performed by the Sheriff of Forsyth County for the Superior Court of Forsyth County, and are consistent with the duties and services which are required by the State Court of Forsyth County. The clerk of the State Court and the Sheriff of Forsyth County are to receive compensation as required by law. SECTION 13. The judge of the State Court of Forsyth County may appoint an official court reporter who shall report such cases as the court may require. The reporter shall receive the same fees as allowed for similar service in the Superior Court of Forsyth County which shall be taxed and enforced as in the Superior Court of Forsyth County. SECTION 14. Costs for all cases in the State Court of Forsyth County shall be the same as costs that are employed in the Superior Court of Forsyth County.

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SECTION 15. On and after January 1, 1997, the clerk of the State Court of Forsyth County shall pay into the county treasury of Forsyth County all amounts of costs, fines, and forfeitures collected by said court, such amounts to be paid in the fund of the county treasury. SECTION 16. The judge of the State Court of Forsyth County shall receive as compensation an amount equal to 85 percent of the base salary of a judge in the superior courts in the State of Georgia. Such compensation shall be paid in equal monthly installments from the funds of Forsyth County. SECTION 17. All cases in the State Court of Forsyth County shall be subject to review to the Court of Appeals or the Supreme Court of Georgia in the same manner as judgments and orders of the superior courts are now reviewed. SECTION 18. (a) There shall be a solicitor of the State Court of Forsyth County who shall be selected as provided in this section. Qualifying and primary elections preceding the general election shall be as required by law. (b) The solicitor of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election shall become the solicitor of the State Court of Forsyth County upon the abolishment of the State Court of Cherokee and Forsyth Counties if that person is a permanent resident of Forsyth County and shall serve until December 31, 2000, and until the election and qualification of such officer's successor. The first solicitor of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 2000. The solicitor so elected in 2000 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2004, and upon the election and qualification of such officer's successor. That and all future successors to such solicitor whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A solicitor of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified.

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(c) If the solicitor of the State Court of Cherokee and Forsyth Counties who is elected at the November, 1996, general election is not a resident of Forsyth County upon the abolishment of such court, the first solicitor of the State Court of Forsyth County shall be appointed by the Governor for a term of office beginning on January 1, 1997, and continuing through December 31, 1998, and until the election and qualification of such officer's successor. The first solicitor of the state court elected under this subsection shall be elected on the Tuesday next following the first Monday in November, 1998. The solicitor so elected in 1998 shall take office the first day of January immediately following that election and shall serve for an initial term of office which expires December 31, 2002, and upon the election and qualification of such officer's successor. That and all future successors to such solicitor whose term of office is to expire shall be elected at the general election immediately preceding the expiration of such term, shall take office the first day of January immediately following that election, and shall serve for a term of office of four years. A solicitor of the state court shall serve for the term of office specified therefor in this section and until such officer's successor is elected and qualified. SECTION 19. The solicitor of the State Court of Forsyth County shall, on the date that he or she takes office, permanently reside within Forsyth County, shall have been a resident of Forsyth County for one year, next preceding the commencement of his or her term, shall as of such date be at least 25 years of age, shall have been admitted to practice law in the State of Georgia for three years, and shall be a member in good standing of the State Bar of Georgia. The position of solicitor shall be a full-time position, and the solicitor may not engage in the private practice of law. SECTION 20. The solicitor of the State Court of Forsyth County shall receive as compensation an amount equal to 75 percent of the salary of the judge of the State Court of Forsyth County. Such compensation shall be paid in equal monthly installments from the funds of Forsyth County. SECTION 21. The solicitor of the State Court of Forsyth County may appoint a solicitor pro tempore who shall have the same authority as the solicitor in the solicitor's absence. A candidate for solicitor pro tempore must conform to the qualifications required of a solicitor of the state court set out in Section

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19 of this Act. The solicitor pro tempore shall be paid from the funds of Forsyth County such reasonable amount as the solicitor may determine, subject to approval by the Board of Commissioners of Forsyth County. The solicitor pro tempore shall serve at the pleasure of the solicitor. SECTION 22. All provisions of this Act, excepting those necessary to the appointment of the initial judge and solicitor of the court, shall become effective on January 1, 1997. Those provisions of this Act necessary to the appointment of the initial judge and solicitor of the State Court of Forsyth County shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that unless a bill repealing an Act creating the State Court of Cherokee and Forsyth Counties, approved February 28, 1974 (Ga. L. 1974, p. 2114), as amended, is passed, becomes law, and becomes effective on or before January 1, 1997, and unless a bill creating the State Court of Cherokee County is passed, becomes law, and becomes effective on or before January 1, 1997, this Act shall be void and shall be automatically repealed on January 1, 1997. 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 1996 session of the General Assembly of Georgia a bill to create the State Court of Forsyth County; to provide for jurisdiction, powers, and pending matters; to provide for court facilities; to provide for the designation or the selection of the initial judge and solicitor; to provide for the election, qualifications, oath, duties, powers, terms, and compensation of successor judges and solicitors; to provide for terms of court; to provide for action and rules of practice and procedures; to provide for jury trials; to provide for selection of jurors; to provide for proceeding and procedures in criminal cases; to provide for assistance by other judges and compensation therefor; to provide for the selection, duties, and compensation of the clerk; to provide for the selection duties, and compensation of the court reporter; to provide for the selection, qualification, duties, and compensation of the

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judge pro hac vice; to provide for costs, fees, fines, and forfeitures; to provide for appellate review; to provide for the selection, duties qualifications, and compensation of a solicitor pro tempore; to provide for effective dates; to provide for automatic repeal of this Act under certain circumstances; to repeal conflicting laws; and for other purposes. This 26th day of January, 1996. Representative Mike A. Evans 28th 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: February 2, 1996. /s/ Mike A. Evans Representative, 28th District Sworn to and subscribed before me, this 13th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996. PICKENS COUNTY PROPERTY TAX STRUCTURE STUDY COMMITTEE CREATION. No. 88 (House Resolution No. 1020). A RESOLUTION Creating the Pickens County Property Tax Structure Study Committee; providing for its members, powers, duties, and authority; and for other purposes.

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WHEREAS, a pressing need exists for an overall comprehensive evaluation of the revenue structure of Pickens County in general, as well as a particular evaluation of the effects of the revenue structure with respect to education; and WHEREAS, Pickens County should make an exhaustive study of the overall tax structure relating to Pickens County with special emphasis on ad valorem taxation and of all homestead and other exemptions affecting Pickens County ad valorem taxes to determine the best policy to guide the county and the members of the Pickens County delegation on this important subject. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Pickens County Property Tax Structure Study Committee to be composed of nine members as follows: (1) One member shall be appointed by the member of the Senate who represents Pickens County and one member shall be appointed by the member of the House of Representatives who represents Pickens County. One of such two members of the committee shall be appointed chairperson by such member of the Senate and member of the House of Representatives; (2) Two members of the governing authority of Pickens County, or their designees, shall be appointed by the governing authority of Pickens County; (3) Two members of the board of education of Pickens County, or their designees, shall be appointed by the board of education of Pickens County; (4) The mayors of the two municipalities in Pickens County with the largest populations, or their designees, shall serve as members; and (5) The tax commissioner of Pickens County shall serve as a member. The appointive members shall be appointed by their respective appointing authorities not later than May 10, 1996. The organizational meeting of the committee shall be held on the call of the chairperson as soon as practicable after all members have been appointed. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto for both educational and county government purposes and recommend any actions, legislation, or policy guidelines which the committee deems necessary or appropriate as a result of such study. The

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committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall serve without compensation or reimbursement of expenses. Officials and employees of the Pickens County government and the board of education of Pickens County shall cooperate with, provide information to, and otherwise assist the committee in carrying out its duties under this resolution. The committee shall stand abolished on December 1, 1996. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a resolution creating the Pickens County Property Tax Structure Study Committee; providing for its members, powers, duties and authority; and for other purposes. This 29th day of January, 1996. Garland Pinholster Representative 15th District 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 Pickens County Progress, which is the official organ of Pickens County, on the following date: February 8, 1996. /s/ Garland F. Pinholster Representative, 15th District Sworn to and subscribed before me, this 15th day of February, 1996. s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 15, 1996.

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COBB COUNTY BOARD OF EDUCATION; MEMBERS; VACANCIES. No. 1043 (Senate Bill No. 764). AN ACT To provide for the method of filling vacancies on the Board of Education of Cobb County; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. In the event of a vacancy on the Board of Education of Cobb County for any reason other than by expiration of a term of office, if such vacancy is not otherwise scheduled to be filled at a general election within 90 days after the vacancy occurs, it shall be the duty of the election superintendent of Cobb County to call and conduct a special election to be held not less than 90 nor more than 100 days after the vacancy occurs for the purpose of electing a qualified person to fill such vacancy for the unexpired term. Such special election shall be held only within the education district wherein the vacancy occurred. Any person elected to fill a vacancy shall have the qualifications for membership on the board and shall be a resident of the education district such person is elected to represent. Candidates shall have five business days in which to qualify for the special election. The special election shall be conducted in accordance with the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the Georgia Election Code. All persons elected to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office and until a successor is elected and qualified. If the vacancy is otherwise scheduled to be filled at the next general election within 90 days after the vacancy occurs, such office shall stand vacant for the remainder of its term and until a successor is elected at the next general election and duly qualified. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to any vacancies in office existing on its effective date or occurring thereafter. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide for the method of

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filling vacancies on the Board of Education of Cobb County; and for other purposes. This 22 day of February, 1996. Senator Charles C. Clay 37th District Cobb Legislative 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 Marietta Daily Journal, which is the official organ of Cobb County, on the following date: February 23, 1996. /s/ Charles C. Clay Senator, 37th District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 1997 (SEAL) Approved April 25, 1996.

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JUDGMENT OF THE SUPERIOR COURT OF LOWNDES COUNTY DISSOLVING THE CITY OF NAYLOR PURSUANT TO CODE SECTION 36-30-7.1 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED

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CITY OF NAYLOR JUDGEMENT OF THE SUPERIOR COURT OF LOWNDES COUNTY DISSOLVING THE CITY. IN THE SUPERIOR COURT OF LOWNDES COUNTY STATE OF GEORGIA JUDITH L. CAROSA * * Plaintiff * * CIVIL ACTION vs. * * FILE NO. 95-CV-2057 THE CITY OF NAYLOR, GEORGIA * * * Defendant * CERTIFICATE REGARDING DEFAULT JUDGMENT The undersigned attorney for the party seeking entry of default judgment hereby certifies to the Court that personal service was effected upon the defendant on the 5th day of December, 1995, and that there has been no defensive pleading filed by the party against whom the default judgment is sought. Attached hereto is the proposed default judgment to be presented to the Judge of this Court. DATED: This 31st day of January, 1996. WM. AL TURNER, JR. Address of Counsel: P. O. Box 819 Valdosta, GA 31603 (912) 244-4811 By: Wm. Al Turner, Jr. State Bar No. 719875 ATTORNEY FOR PLAINTIFF IN THE SUPERIOR COURT OF LOWNDES COUNTY STATE OF GEORGIA JUDITH L. CAROSA * * Plaintiff * * CIVIL ACTION vs. * * FILE NO. 95-CV-2057 THE CITY OF NAYLOR, GEORGIA * * * Defendant *

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JUDGMENT The above-styled action having come on regularly for hearing before the Court, and no answer or defensive pleadings having been filed by or on behalf of the defendant within forty-five (45) days after service, and it further appearing that the defendant acknowledged service of process on the 5th day of December, 1995, and evidence having been presented to verify the allegations in the Complaint to the effect that no municipal election for the City of Naylor, Georgia was held, because no candidates qualified for such election has provided by law, it is hereby ORDERED AND ADJUDGED the the prayers in the Complaint in this action should be and the same are hereby granted, and this Judgment hereby declares that the municipal corporation known as The City of Naylor is, and the same is hereby, DISSOLVED, all in accordance with O.C.G.A. section 36-30-7.1. The Clerk of this Court shall file a certified copy of this Judgment with the Secretary of State of Georgia and the legislative council of the Georgia Legislature. SO ORDERED AND ADJUDGED, this 31st day of January, 1996. Richard M. Cowart Judge, Superior Court of Lowndes County, Georgia Judgment prepared by: Wm. Al Turner, Jr. State Bar No. 719875 P.O. Box 819 Valdosta, GA 31603 (912) 244-4811 CLERK'S CERTIFICATE I, SARA L. CROW, CLERK OF SUPERIOR COURT OF LOWNDES COUNTY, GEORGIA do hereby certify that the foregoing is a true and correct copy of The Certificate Regarding Default Judgment and the Judgment in the case of Judith L. Carosa vs. The City of Naylor, Georgia 95CV-2057 Original of all of which appears of file and record in this office. Witness my hand and seal of Office this 2nd day of February 1996. Shirley C. Pennington CHIEF (DEPUTY) CLERK OF SUPERIOR COURT LOWNDES COUNTY, GEORGIA

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ACTIONS BY COUNTY GOVERNING AUTHORITIES PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA PROVIDING HOME RULE FOR COUNTIES

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CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM. STATE OF GEORGIA COUNTY OF CLAYTON ORDINANCE NO. 95 - 89 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 THE CLAYTON COUNTY CODE OF ORDINANCES SO AS TO PROVIDE A NEW PUBLIC EMPLOYEE RETIREMENT SYSTEM (PENSION PLAN) FOR THE EMPLOYEES AND CERTAIN ELECTED OFFICIALS OF CLAYTON COUNTY; TO PROVIDE THAT THE NEW PENSION PLAN SHALL CONSIST OF PROVISIONS RELATING TO DEFINITIONS, ELIGIBILITY, FUNDING, DEATH BENEFITS, RETIREMENT BENEFITS, ADMINISTRATION OF THE PLAN, CLAIM REVIEW PROCEDURE, LIMITATION OF ASSIGNMENT, PROHIBITION AGAINST DIVERSION, LIMITATION OF RIGHTS AND BENEFITS, AND SPECIAL RULES GOVERNING THE PLAN; TO PROVIDE SEVERABILITY; TO REPEAL CONFLICTING LAWS, ORDINANCES AND RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY AND IT IS HEREBY ORDAINED Section 1. 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 the Clayton County Code of Ordinances, as amended, by deleting Ordinance No. 91-100 Clayton County Public Employee Retirement System, and all amendments thereto, and in lieu thereof, enacting a new ordinance to be entitled Clayton County, Georgia Public Employee Retirement System (Pension Plan) to read as set forth hereafter. Section 2. 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 3. All laws, ordinances or resolutions, or parts thereof, in conflict with provisions of this Ordinance are hereby repealed. Section 4. This Ordinance shall become effective on September 1, 1995 following its approval by the Board of Commissioners after the second reading of the Ordinance, provided the same receives an affirmative vote of three or more members, and provided further that a copy of the

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Ordinance has been published in the official organ of Clayton County and filed with the Secretary of State of Georgia as required by law. SO ORDAINED, this 5th day of September, 1995. CLAYTON COUNTY BOARD OF COMMISSIONERS C. CRANDLE BRAY, CHAIRMAN GERALD A. MATTHEWS, VICE- CHAIRMAN TERRY J. STARR, COMMISSIONER ROBBIE L. MOORE, JR., COMMIS- SIONER RICHARD REAGAN, COMMIS- SIONER ATTEST: MARGARETTE A. SWAIM, CLERK CLAYTON COUNTY, GEORGIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (PENSION PLAN) The General Assembly of the State of Georgia established the Clayton County, Georgia Public Employee Retirement System (pension Plan), by an Act which became effective July 1, 1971 (the Plan). The Plan was last amended and restated by Ordinance 91-100, effective January 1, 1992 and has subsequently been amended by ordinances from time to time. The Board of Commissioners of Clayton County now wishes to amend and restate the Plan, generally effective as of September 1, 1995, to comply with the provisions of the Tax Reform Act of 1986, subsequent legislation, and various regulations and rulings issued by government agencies thereon and to make certain other substantive changes. The Plan is intended to be a pension plan within the meaning of Treasury Regulations Section 1.401-1(b)(1)(i) and a governmental plan within the meaning of Section 414(d) of the Internal Revenue Code of 1986, as amended. The provisions of the Plan, as amended and restated herein, shall apply on and after September 1, 1995, and only with respect to participants who perform any service after September 1, 1995, except as otherwise specifically provided in the Plan or to the extent the provisions are required to apply at an earlier date or to any participants to comply with applicable law.

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CLAYTON COUNTY PUBLIC EMPLOYEE RETIREMENT SYSTEM (PENSION PLAN) SECTION I DEFINITIONS Wherever used herein, the masculine pronoun shall be deemed to include the feminine, and the singular to include the plural, unless the context clearly indicates otherwise, and the following words and phrases shall, when used herein, have the meanings set forth below: 1.1 Accrued Benefit means the monthly retirement benefit which a Participant has earned up to any date, and which is payable at the later of his Normal Retirement Date or his Deferred Retirement Date in an amount computed as described in Section 5.2 based, however, only upon the Participant's Average Monthly Compensation and Credited Service as of the date as of which the Accrued Benefit is determined. 1.2 Actuarial Equivalent means a form of benefit differing in time, period, or manner of payment from a specific benefit provided under the Plan but having the same value when computed using UP84 post-retirement mortality with a one (1) year age setback and 8% pre- and post-retirement interest assumptions. For the purposes of distributing a Participant's Accrued Benefit in the form of a lump sum the Actuarial Equivalent shall be determined by: (a) using an interest rate equal to the annual rate of interest on 30-year Treasury securities for the next to last month immediately preceding the Plan Year in which the distribution is to occur as specified by the Commissioner of the Internal Revenue Service (the Applicable Interest Rate) and (b) using the mortality table in effect as of the determination date, as prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(A)(ii)(I). In the event this Section is amended, the Actuarial Equivalent of a Participant's Accrued Benefit on or after the date of change shall be determined as the greater of (a) the Actuarial Equivalent of the Accrued Benefit as of the date of change computed on the old basis, or (b) the Actuarial Equivalent of the total Accrued Benefit computed on the new basis. Notwithstanding the foregoing, effective July 1, 1995: (a) for the purpose of adjusting any benefit or limitation under Code Section 415(b)(2)(B) or (C), the Actuarial Equivalent shall be determined by using an interest rate equal to the greater of eight percent (8%) or the Applicable Interest Rate; (b) for purposes of adjusting any limitation under Code Section 415(b)(2)(D), the Actuarial Equivalent shall be determined by using an interest rate equal to five percent (5%); and

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(c) for purposes of adjusting any benefit or limitation under Code Section 415(b)(2)(B), (C) or (D), the Actuarial Equivalent shall be determined by using the mortalIty table in effect as of the determination date, as prescribed by the Secretary of the Treasury pursuant to Code Section 417(e)(3)(A)(ii)(I). 1.3 Actuary means an actuary, enrolled by the Joint Board for the Enrollment of Actuaries, selected by the Plan Administrator to provide actuarial services for the Plan. 1.4 Annual Compensation Limit means: (a) in the case of an Employee who first became a Participant prior to January 1, 1996, the greater of (1) the compensation limitation in effect under the Plan on July 1, 1993 as set forth in Appendix C or (2) the amount determined under Subsection (b) below. (b) in the case of all other Participants, $150,000, which amount may be adjusted for each Plan Year based on changes in the cost of living as announced by the Secretary of the Treasury. 1.5 Authorized Leave of Absence means any absence authorized and approved by a Plan Sponsor under the Plan Sponsor's standard personnel practices, provided that the Participant returns or retires within the period specified leave of absence. An absence due to service in the Armed Forces of the United States shall be considered an Authorized Leave of Absence provided that the Employee complies with all the requirements of Federal law in order to be entitled to reemployment and provided further that the Employee returns to employment with the Plan Sponsor within the period provided by such law. 1.6 Average Monthly Compensation means the monthly Compensation of a Participant averaged over the three (3) consecutive years of Credited Service which produce the highest monthly average within the last five (5) completed years of employment. If a Participant has less than three (3) years of Credited Service from his date of employment to his date of termination, his Average Monthly Compensation will be his monthly Compensation averaged over the number of whole months completed from his date of employment to his date of termination. Compensation subsequent to termination of participation shall not be recognized. 1.7 Beneficiary means the person or trust that a Participant designated most recently to the Plan Administrator; provided, however, that if the Participant has failed to make a designation, no designated person is alive, no trust has been established, or no successor Beneficiary has been designated who is alive, the term Beneficiary means the Participant's spouse, if living. If the Participant does not have a surviving spouse, the term Beneficiary means the legal representative of the deceased Participant's estate. Changes in designations of Beneficiaries may be made upon

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written notice to the Plan Administrator in the form as the Plan Administrator may from time to time prescribe. Each Beneficiary designation filed with the Plan Administrator will cancel all Beneficiary designations previously filed with the Plan Administrator. The revocation of a Beneficiary designation, no matter how effected, shall not require the consent of any designated Beneficiary. If a Participant becomes divorced from his spouse, any prior designation of such Spouse as a Beneficiary shall be void as of the date of divorce, unless the Participant redesignates his former spouse as a Beneficiary after the date of divorce. 1.8 Board of Commissioners means the board of commissioners of Clayton County, Georgia. 1.9 Code means the Internal Revenue Code of 1986, as amended. 1.10 Compensation means wages within the meaning of Code Section 3401(a) (for purposes of income tax withholding at the source) paid to an Employee by a Plan Sponsor during a Plan Year (but without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or the services performed, such as the exception for agricultural labor in Code Section 3401(a)(2)), to the extent not in excess of the Annual Compensation Limit for all purposes under the Plan except determining Key Employees and Highly Compensated Employees. Notwithstanding the above, Compensation shall be determined as follows: (a) for all purposes under the Plan, except Appendix A hereto, Compensation shall not include commissions, fees (whether received from service upon a regulatory board or otherwise), salary paid by the State of Georgia or salary from a Plan Sponsor which is reimbursed to the Plan Sponsor by the State of Georgia, provided such reimbursements are considered in determining the Participant's accrued benefit under a pension or other retirement plan maintained by the State of Georgia. (b) effective as to persons who become Employees on or after September 1, 1995, for all purposes under the Plan, except Appendix A hereto, Compensation shall not include salary supplements paid by Clayton County to persons for services rendered other than as an Eligible Employee. (c) for all purposes under the Plan, except Appendix A hereto, Compensation shall include amounts which are not currently includible in the gross income of the Employee under Sections 125, 414(h) and 457 of the Code and the regulations thereunder. (d) for purposes of Plan Section 3.2, Compensation shall not include Compensation received for services rendered prior to the later of (i) the date the Employee becomes a Participant or (ii) the Effective Date.

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(e) for purposes of applying the Annual Compensation Limit, as adjusted, with respect to an Employee's benefit accrual, if an Employee is the spouse or a lineal descendant (who has not attained age 19 before the close of the Plan Year) of an Employee who is a Highly Compensated Employee in the group consisting of the ten Highly Compensated Employees paid the greatest Compensation (determined without regard to the Annual Compensation Limit) such Employee shall not be treated as a separate Employee. (f) for purposes of determining the Accrued Benefit of a Participant who was formerly an employee of The City of Forest Park Water and Sewer Department who was an Employee of the Clayton County Water Authority on January 1, 1994, the Compensation of such Participant shall include compensation paid by The City of Forest Park Water and Sewer Department. 1.11 Contribution Account Balance means the accumulated amount of Participant contributions under Section 3.2 and interest thereon as of the date of determination. For purposes of this Section, interest shall be calculated annually as of June 30 by multiplying a Participant's Contribution Account Balance as of the immediately preceding July 1 by five percent (5%); provided, however, that the first interest calculation shall be made as of June 30, 1997. 1.12 Credited Service means the number of year-and completed months (calculated by aggregating all periods whether or not consecutive) of continuous employment with a Plan Sponsor as an Employee beginning on the date on the Employee's employment commencement date and ending on his Severance Date. For purposes of determining Credited Service, a Participant's sick leave in excess of the allowable amount, as determined under the Plan Sponsor's standard personnel practices, as of the last pay period of each calendar year, shall be placed in reserve status to be used in determining Credited Service at the Participant's Retirement Date, death or other termination of employment. The Participant's total sick leave balance shall be converted to months of Credited Service by dividing the number of hours of sick leave reserve by 173.6 hours (assuming 21.7 eight (8) hour days per month), which shall constitute a month of Credited Service. No partial month shall be so credited to a Participant's Credited Service. For purposes of determining the Credited Service of a Participant who was formerly an employee of The City of Forest Park Water and Sewer Department who was an Employee of the Clayton County Water Authority on January 1, 1994, the Credited Service of such Participant shall include his periods of service with The City of Forest Park Water and Sewer Department. 1.13 Custodian means the custodian appointed by the Plan Administrator to hold the assets of the Fund. 1.14 Deferred Retirement Date means the first day of the month coinciding with or next following the date subsequent to a Participant's Normal Retirement Age on which the Participant actually retires.

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1.15 Direct Rollover means a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. 1.16 Disability means a physical or mental condition which totally and presumably permanently prevents a Participant from engaging in any substantial gainful employment and which entitles a Participant to receipt of a Social Security Disability Insurance Benefit under the Social Security Act or which would entitle the Participant to a Social Security Disability Insurance Benefit if the Participant were covered under,the Social Security Act, as determined by the Plan Administrator from time to time based upon such medical evidence as it deems necessary. Any determination of Disability by the Plan administrator shall be final and binding. 1.17 Disability Retirement Date means the first day of any month coinciding with or next following the month in which a Participant ceases to be an Employee as a result of a Disability. 1.18 Distributee means a Participant, a surviving spouse or a former spouse who is an alternate payee under a qualified domestic relations order, as defined in Code Section 414(p). 1.19 Early Retirement Age means the earlier of (a) the date a Participant, prior to his Normal Retirement Age, has attained age 55 after completing at least fifteen (15) years of Vesting Service or (b) the date a Participant, prior to his Normal Retirement Age, has attained age 50 after completing at least twenty-five (25) years of Vesting Service. 1.20 Early Retirement Date means the first day of the month coinciding with or next following the date on which a participant, prior to his Normal Retirement Age, retires after attaining Early Retirement Age. 1.21 Effective Date means September 1, 1995. 1.22 Eligible Employee means any Employee of a Plan Sponsor who is (a) a Commissioner of Clayton County; (b) a department head or staff member appointed by the Board of Commissioners; (c) employed under the Clayton County Civil Service System in a classified position; (d) judicial secretaries appointed by the Judges of the Clayton County Superior Court to perform services for the Superior Court; (e) a Probate Court Judge and court clerks appointed by the Probate Court Judge; (f) a Magistrate; (g) the Clerk of the Superior and State Courts and court clerks appointed by the Clerk of the Superior and State Courts; (h) a Sheriff; (i) a Chief Deputy Sheriff; (j) a Tax Commissioner; (k) a Deputy Tax Commissioner; (l) classified in a Clayton County Water Authority position as listed in the Clayton County Water Authority Position Classification Plan or (m) appointed by the Clayton County Water Authority Board of Directors. All other Employees shall not be Eligible Employees, including but not limited to (a) a leased employee within the meaning of Code Section 414(n)(2) or (b) any person deemed to be an Employee of a Plan Sponsor pursuant to regulation under Code Section 414(o).

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1.23 Eligible Retirement Plan means (i) an individual retirement account described in Code Section 408(a); (ii) an individual retirement annuity described in Code Section 408(b); (iii) an annuity plan described in Code Section 403(a); or (iv) a qualified trust for a defined contribution plan described in Code Section 401(a) that accepts rollover contributions. Notwithstanding the foregoing, in the case of an Eligible Rollover Distribution paid to a Distributee as the surviving spouse of a Participant, an Eligible Retirement Plan is an individual retirement account or an individual retirement annuity. 1.24 Eligible Rollover Distribution means any distribution of all or any portion of the balance to the credit of a Distributee, except that an Eligible Rollover Distribution does not include any distribution that is: (i) one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of a Distributee or the joint lives (or joint life expectancies) of a Distributee and the Distributee's designated Beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent such distribution is required under Code Section 401(a)(9); and (iii) the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). 1.25 Employee means any person who is, with respect to a Plan Sponsor, (a) a regular full-time employee who performs services for the benefit of a Plan Sponsor who is paid with fiends of the Plan Sponsor which are not reimbursed by the State of Georgia, (b) a leased employee within the meaning of Code Section 414(n)(2), or (c) deemed to be an employee pursuant to regulations under Code Section 414(o). For purposes of this Section, a regular Employee is one who is not classified as temporary under the Clayton County Civil Service System or the Clayton County Water Authority Position Classification Plan. For purposes of this Section, a full-time employee is one who is regularly scheduled to work a minimum of 40 hours per week. 1.26 Fund means the amount at any given time of the cash and other property held by the Custodian pursuant to the Plan. 1.27 Highly Compensated Employee means a highly compensated employee as defined in Code Section 414(q). Notwithstanding the foregoing, the Board of Commissioners may elect to determine each Highly Compensated Employee pursuant to the provisions of Treasury Regulations Section 1.414(q)-1T, QA-14(b). 1.28 Normal Fund Payment means a single life annuity, payable in monthly installments for the life of the Participant, with guaranteed payments for 60 months. If the Participant dies before receiving all of the guaranteed payments, the Participant's Beneficiary will receive the monthly benefit the Participant was receiving for the number of months left in the guarantee period. Notwithstanding the foregoing, in the case of

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a Participant whose vested Accrued Benefit has an Actuarial Equivalent of $3,500 or less, the Normal Fund Payment is a lump sum payment in cash. Any annuity may be purchased from an insurance company designated by the Plan Administrator, and may be distributed to the Participant or his Beneficiary, as the case may be. The distribution, if any, shall be in full satisfaction of the benefits to which the Participant or his Beneficiary is entitled under the Plan. 1.29 Normal Retirement Age means the date a Participant attains the earlier of (a) the later of (i) age 65 or (ii) the Participant's fifth anniversary of participation in the Plan or (b) age 55 after completing twenty-five (25) years of Vesting Service. In the case of Safety Personnel, age 60 shall be substituted for age 65 in Subsection (a)(i) above. 1.30 Normal Retirement Date means the first day of the month coinciding with or next following the date on which a Participant attains Normal Retirement Age. 1.31 Participant means any Employee or former Employee who has met the requirements of Plan Section 2 and who has not received a full distribution from the Plan of his Accrued Benefit. 1.32 Plan Administrator means the Pension Board, as described in Appendix B. 1.33 Plan Sponsor means, individually, Clayton County and the Clayton County Water Authority. 1.34 Plan Year means the twelve-month period commencing on July 1 and ending on June 30. 1.35 Retirement Date means a Participant's Normal Retirement Date (provided the Participant retires upon attaining his Normal Retirement Age), Early Retirement Date, Disability Retirement Date or Deferred Retirement Date. 1.36 Safety Personnel means an Employee who is either (a) certified under police officer standard training, (b) a firefighter, or (c) an emergency medical technician. 1.37 Severance Date means the earlier of: (a) the date of the last active day of work of the Employee if the Employee quits, retires or is discharged; or (b) the first anniversary of the first date of a period in which the Employee remains absent from service (with or without pay) with a Plan Sponsor for any reason other than quit, attainment of a Retirement Date, discharge, an Authorized Leave of Absence or death, such as vacation, holiday, sickness, disability, or layoff.

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Notwithstanding the foregoing, the Severance Date of an Employee who remains absent from service beyond the first anniversary of the first date of a period of absence (1) by reason of the pregnancy of the Employee, (2) by reason of the birth of a child of the Employee, (3) by reason of the placement of a child with the Employee in connection with the adoption of a child by the Employee, or (4) for purposes of caring for such child for a period immediately following its birth or placement, means the second anniversary of the first date of the absence. 1.38 State Enacted Retirement Plan means a pension or retirement plan established by the legislature of the State of Georgia or otherwise maintained by the State of Georgia if contributions for Employees to such plan come from Clayton County funds or from funds of the State of Georgia which, but for the contribution, would go to Clayton County. 1.39 State Enacted Retirement Plan Offset Amount means a monthly benefit payable at the same time as the Accrued Benefit, and which is the Actuarial Equivalent to any and all benefits payable to such Participant and to his Beneficiary under a State Enacted Retirement Plan. 1.40 Vesting Service means, the number of years (calculated by aggregating all periods whether or not consecutive) of continuous employment with a Plan Sponsor as an Employee beginning on the date of the Employee's employment commencement date and ending on his Severance Date. An Authorized Leave of Absence, whether or not compensated, shall be included in determining Vesting Service. For purposes of determining the Vesting Service of a Participant who was formerly an employee of The City of Forest Park Water and Sewer Department who was an Employee of the Clayton County Water Authority on January 1, 1994, the Vesting Service of such Participant shall include his periods of service with The City of Forest Park Water and Sewer Department. SECTION 2 ELIGIBILITY 2.1 Each Eligible Employee shall become a Participant as of the first day the Eligible Employee is an Employee. 2.2 Each former Participant who is reemployed by a Plan Sponsor shall become a Participant as of the date of his reemployment as an Eligible Employee. 2.3 Each individual who was a Participant on the day immediately preceding the Effective Date (including any Participant who, as of the Effective Date, is no longer an Eligible Employee) shall continue to be a Participant as of the Effective Date. SECTION 3 FUNDING 3.1 (a) Each Plan Sponsor shall contribute to the Fund such amounts as are determined by the Actuary to be necessary to fund the benefits

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provided under the Plan; provided, however, each Plan Sponsor will appropriate to the Fund annually, to be paid in quarterly installments, a sum of not less than 10.32% of their total payroll cost for all Eligible Employees. The Actuary will analyze the Plan and the Fund a minimum of one time every three years and will report to the Plan Administrator its findings. In the event the Plan report reveals that the appropriations herein provided are insufficient to maintain the Plan on a sound basis, it will be the duty of the Plan Sponsor to appropriate such additional sums for the next three years as would be necessary to maintain the Fund and the Plan on a sound financial basis. Should the Actuary find that a lesser appropriation by the Plan Sponsor would maintain the Fund on a sound financial basis, then each Plan Sponsor is authorized, upon approval of the Plan Administrator, to decrease its contribution to the percentage of the total payroll found by the Actuary to be sufficient, when combined with the Participant contributions set forth herein, to maintain the Plan and Fund on such financial basis. (b) All forfeitures arising under the Plan shall be used to reduce the cost of the Plan and shall not be used to increase any benefits payable under the Plan. (c) Notwithstanding the other provisions of this Section 3.1, the Plan Sponsor shall have the right, but not the obligation, to contribute such additional amounts as it, in its sole discretion, deems necessary or desirable to maintain the actuarial soundness of the Plan, and each Plan Sponsor shall also have the right at any time to discontinue contributions hereunder. 3.2 Commencing with the first payroll period of the Plan Sponsor beginning after September 1, 1995, two percent (2%) of the Compensation of every Participant will be deducted by the Plan Sponsor and will be transferred to the Fund as soon as administratively feasible after deduction. The contributions required by this Section are mandatory and the Participant does not have the option to receive such contributions in cash. Although such contributions are designated as Participant contributions, the contributions will be picked up by the Plan Sponsor as described in Code Section 414(h)(2) and will be treated as being paid by the Plan Sponsor in lieu of contributions by Participants in determining tax treatment under Code Section 414(h)(2). SECTION 4 DEATH BENEFITS 4.1 Upon the death of a Participant who is receiving payments under the Plan, other than a Disability retirement benefit, his Beneficiary shall be entitled to receive such payments as are payable to a Beneficiary in accordance with the form of payment selected by the Participant pursuant to Plan Section 6.

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4.2 If a married Participant dies while employed by a Plan Sponsor: (a) (i) after reaching Normal Retirement Age or (ii) prior to reaching Normal Retirement Age but either (A) in the performance of his duties for a Plan Sponsor or (B) after attaining age 50 and completing at least seven (7) years of Vesting Service, the Participant's spouse shall receive a death benefit in the form set forth below commencing as of the first day of the month immediately following the date of the Participant's death. Such payments shall be paid as an immediate single life annuity payable in monthly installments for the life of the spouse, which is 50% of the amount of the annuity which would have been payable for the life of the Participant pursuant to Plan Section 5 if the Participant had: (1) continued employment with the Plan Sponsor to his Normal Retirement Date; (2) separated from service on his Normal Retirement Date; and (3) retired with a Normal Fund Payment. For purposes of determining a Participant's Accrued Benefit for calculating benefits under this Section 4.2(a), a Participant's Average Monthly Compensation shall be deemed to be the Participant's annual Compensation for the calendar year immediately preceding the Participant's date of death divided by twelve (12). (b) other than in the performance of his duties for a Plan Sponsor and prior to attaining age 50, but after completing at least seven (7) years of Vesting Service, the Participant's spouse shall receive a death benefit iii the form set forth below commencing as of the first day of the month following the date on which the Participant would have attained Normal Retirement Age or Early Retirement Age, if otherwise eligible, if the Participant had survived. Such payments shall be paid as an immediate single life annuity, payable in monthly installments for the life of the spouse, in the amount which would have been payable to the Participant's Beneficiary pursuant to Plan Section 5 if the Participant had: (1) separated from service immediately prior to his date of death; (2) survived until his Normal Retirement Age or Early Retirement Age, as applicable; (3) elected to receive a distribution in the form of a contingent annuity under which reduced monthly benefit payments are made to the Participant during his lifetime and following his death are continued to his Beneficiary in an amount equal to fifty percent (50%) of the monthly payments to the Participant; and

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(4) died immediately thereafter. 4.3 If an unmarried Participant (a) dies while employed by a Plan Sponsor after attaining Early Retirement Age or Normal Retirement Age or (b) after his Early Retirement Date, but before the commencement of retirement benefits has begun, the Participant's Beneficiary shall receive a death benefit in the form set forth below commencing as of the first day of the month following the Participant's death. Such payments shall be payable in monthly installments for the number of months which would have been payable to the Participant's Beneficiary pursuant to Plan Section 5 if the Participant had: (a) retired immediately prior to his death; (b) elected to receive a distribution in the form of a Normal Fund Payment; and (c) died immediately thereafter. 4.4 If a married Participant (a) terminates employment after becoming vested in his Accrued Benefit and subsequently dies before the commencement of retirement payments under the Plan, or (b) dies while receiving a Disability retirement benefit under the Plan, the Participant's spouse shall receive a death benefit in the form set forth below commencing on the first day of the month coinciding with or next following the later of (i) the date of the Participant's death; or (ii) the date the Participant would have attained age 65 (age 60 in the case of Safety Personnel) if the Participant had completed less than fifteen (15) years of Vesting Service as of his date of death; provided, however, if the Participant had completed fifteen (15) years of Vesting Service as of his date of death, the Participant's spouse may elect to receive the death benefit commencing on the first day of the month coinciding with or next following the date the Participant would have attained age 55. Such payments shall be paid as an immediate single life annuity for the life of the spouse payable in monthly installments for the life of the spouse, in the amount which would have been payable to the Participant's Beneficiary pursuant to Plan Section 5 if the Participant had: (a) retired immediately prior to his death; (b) elected to receive a distribution in the form of a contingent annuity under which reduced monthly benefit payments are made to the Participant during his lifetime and following his death are continued to his Beneficiary in an amount equal to fifty percent (50%) of the monthly payments to the Participant; and (c) died immediately thereafter. 4.5 Except as provided below in Plan Section 4.7, if a Participant dies while not married before commencement of retirement payments under the Plan, no death benefits shall be payable to the Participant's Beneficiary.

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4.6 Any annuity may be purchased from an insurance company designated by the Plan Administrator and may be distributed to the Participant's Beneficiary. The distribution, if any, shall be in full satisfaction of the benefits to which the Beneficiary is entitled under the Plan. Any benefit payable under this Section 4 shall be paid in accordance with and subject to the provisions of Plan Sections 6.4, 6.5, and 6.7 and 7.3, if applicable. 4.7 In lieu of the death benefits described in this Article 4 to which a spouse or Beneficiary may be entitled, a Participant's spouse or Beneficiary may elect to receive the Participant's Contribution Account Balance upon the Participant's death. In addition, in the case of a Participant who dies while he is an Employee of a Plan Sponsor and whose Beneficiary is not entitled to any of the death benefits described above, the Plan Administrator will distribute the Participant's Contribution Account Balance to his Beneficiary as soon as administratively feasible after the Participant's death. If a Beneficiary receives a distribution of the Participant's Contribution Account Balance under this Section 4.7, then no additional benefits will be payable to such Beneficiary under any circumstances and, furthermore, the Contribution Account Balance so received by such Beneficiary will be in full settlement of any and all obligations of the Plan to the Participant and his Beneficiary. Any distribution under this Section 4.7 shall be made in the form of a lump sum in cash. 4.8 Notwithstanding anything to the contrary in this Section 4, if the Participant's vested Accrued Benefit has a present value Actuarial Equivalent of $3,500 or less, any benefits payable to a spouse described in this Section shall be paid in the form of a lump sum payment in cash. SECTION 5 RETIREMENT BENEFITS 5.1 The amount of a Participant's Accrued Benefit upon his Retirement Date shall be determined in accordance with this Section 5. 5.2 Normal Retirement Date. The Accrued Benefit of a Participant as of his Normal Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's Normal Retirement Date), equal to the product of (a) multiplied by (b)where (a) is two percent (2%) of the Participant's Average Monthly Compensation, and (b) is the Participant's years of Credited Service. Notwithstanding the foregoing, in calculating the Participant's Accrued Benefit under this Section 5.2, the Participant's Accrued Benefit shall be reduced by any State Enacted Retirement Plan Offset Amount. 5.3 Early Retirement Date. The Accrued Benefit of a Participant who attains his Early Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months

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guaranteed commencing at the Participant's Normal Retirement Date), determined pursuant to Plan Section 5.2, but based upon his years of Credited Service and Average Monthly Compensation as of his Early Retirement Date. Notwithstanding the foregoing, a Participant who has reached his Early Retirement Date may elect to begin receiving a monthly pension, commencing at the Participant's Early Retirement Date, which benefit shall equal his Accrued Benefit reduced by one-half of one percent (0.5%) for each month by which payments commence prior to the Participants's Normal Retirement Date. 5.4 Deferred Retirement Date. The Accrued Benefit of a Participant as of his Deferred Retirement Date shall be a monthly benefit (payable in monthly installments as an annuity for the Participant's life with 60 months guaranteed commencing at the Participant's Deferred Retirement Date), determined pursuant to Plan Section 5.2, but based upon his years of Credited Service and Average Monthly Compensation as of his Deferred Retirement Date; provided, however, if greater, the benefit payable pursuant to this Section 5.4 shall be the Participant's Accrued Benefit determined as of Normal Retirement Age. 5.5 Disability Retirement Date. If a Participant becomes Disabled prior to retirement or any other termination of employment either (a) as the result of his performance of duties for a Plan Sponsor after completing at least three (3) years of Vesting Service or (b) after completing seven (7) years of Vesting Service, and by reason thereof such Participant's status as an Employee ceases, then said Participant shall be entitled to receive a Disability retirement benefit (payable in monthly installments as an annuity for the life of the Participant commencing as of the Participant's Disability Retirement Date) equal to 30% of the Participant's monthly rate of Compensation as of the date of his Disability. Disability benefit payments to the Participant shall be discontinued in the event the Plan Administrator determines that the Participant is no longer suffering from a Disability. If such a Participant does not then return to the employ of the Plan Sponsor, for purposes of determining the Participant's rights to future benefits under the Plan, he will be treated as if he suffered a termination of employment as of his Disability Retirement Date. Notwithstanding the foregoing, in no event shall the Disability retirement benefit payable under this Section 5.5 be less than the Participant's Accrued Benefit as of his Disability Retirement Date, without regard to the reductions described in Plan Section 5.3. 5.6 Notwithstanding any other provision of this Section to the contrary, the Accrued Benefit of any Participant shall not be less than the Accrued Benefit determined as of August 31, 1995 under the terms of the Plan in effect prior to the Effective Date. SECTION 6 PAYMENT OF BENEFITS ON RETIREMENT 6.1 The retirement benefit (as described in Plan Section 5) of a Participant who has attained his Retirement Date or has attained Normal

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Retirement Age shall be fully vested and nonforfeitable. As of a Participant's Retirement Date, payment of his vested retirement benefit shall be made in accordance with this Section. Payments shall commence as of the first day of the month coinciding with or next following the Participant's Retirement Date. If the amount of the payment required to commence on a given date cannot be ascertained by that date, payment shall commence retroactively to that date and shall commence no later than sixty (60) days after the earliest date on which the amount of the payment can be ascertained under the Plan. 6.2 (a) Any retirement benefit payments pursuant to the Plan shall be in the form of a Normal Fund Payment, unless the Participant's vested Accrued Benefit has an Actuarial Equivalent of greater than $3,500 at the time he or his Beneficiary is entitled to the commencement of payments under the Plan and the Participant elects not to receive the Normal Fund Payment by execution and delivery to the Plan Administrator of a form provided for that purpose by the Plan Administrator. If an election is made, payments shall be paid in the form set forth in Subsection (b) of this Section chosen by the Participant by written instrument delivered to the Plan Administrator prior to the date payments are otherwise to commence. (b) The alternate forms of payment are: (1) a contingent annuitant option under which reduced monthly benefit payments are made to the Participant during his lifetime and following his death are continued to his Beneficiary in an amount equal to 100%, 75% or 50% (as elected by the Participant) of the monthly payments to the Participant; (2) a single life annuity, payable in monthly installments, with guaranteed payments for 120 months. If the Participant dies before receiving all of the guaranteed payments, his Beneficiary will receive the monthly benefit the Participant was receiving for the number of months left in the guarantee period; and (3) a single life annuity which provides that the monthly installments prior to the earliest age as of which the Participant will become eligible for an Old-Age Insurance Benefit under the Social Security Act will be increased and the monthly installments will be reduced thereafter so as to enable the Participant to receive from the Plan and under the Social Security Act an aggregate monthly income in an approximately level amount for life. (c) The Participant may revoke any election not to receive payment in the form of a Normal Fund Payment at any time prior to commencement of payments from the Fund, and may make a new election at any time prior to the commencement of payments from the Fund. The election of the contingent annuitant option shall be null

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and void if either the Participant or the Participant's Beneficiary die prior to the date benefit payments commence. In the event the election becomes null and void, the Participant shall have the right to name a new contingent annuitant or elect another option provided in this Section. 6.3 In lieu of the retirement benefits described in Section 5, a Participant may elect to receive his Contribution Account Balance upon his becoming eligible for a distribution pursuant to Section 6.1. If a Participant receives his Contribution Account Balance under this Section 6.3, then no additional benefits will be payable to the Participant or his Beneficiaries under any circumstances unless such individual again becomes a Participant and earns additional benefits. The payment of a Participant's Contribution Account Balance will be in the form of one (1) lump sum in cash and will be in full settlement of any and all obligations of the Plan to the Participant and his Beneficiaries unless he again becomes a Participant and earns additional benefits under the Plan. 6.4 Notwithstanding anything to the contrary contained in the Plan, (a) the payments to be made to a Participant shall satisfy the incidental death benefit requirements under Code Section 401 (a)(9)(G) and the regulations thereunder; and (b) if the Actuarial Equivalent of a Participant's vested Accrued Benefit exceeds $3,500, it shall not be distributed prior to the Participants' Normal Retirement Age without the written consent of the Participant. 6.5 Notwithstanding any other provisions of the Plan, effective July 1, 1987, (a) Prior to the death of a Participant, all retirement payments hereunder shall (1) be distributed to the Participant not later than the required beginning date (as defined below) or, (2) be distributed, commencing not later than the required beginning date (as defined below) (i) in accordance with regulations prescribed by the Secretary of the Treasury, over the life of the Participant or over the lives of the Participant and his designated Beneficiary, if any, or (ii) in accordance with regulations prescribed by the Secretary of the Treasury, over a period not extending beyond the life expectancy of the Participant or the joint life and last survivor expectancy of the Participant and his designated Beneficiary, if any.

Page 4596

(b) (1) If (i) the distribution of a Participant's retirement payments have begun in accordance with Subsection (a)(2) of this Section, and (ii) the Participant dies before his entire vested retirement benefit has been distributed to him, then the remaining portion of his vested retirement benefit shall be distributed at least as rapidly as under the method of distribution being used under Subsection (a)(2) of this Section as of the date of his death. (2) If a Participant dies before the commencement of retirement payments hereunder, the entire interest of the Participant shall be distributed within five (5) years after his death. (3) If (i) any portion of a Participant's benefit is payable to or for the benefit of the Participant's designated Beneficiary, if any, (ii) that portion is to be distributed, in accordance with regulations prescribed by the Secretary of the Treasury, over the life of the Beneficiary or over a period not extending beyond the life expectancy of the Beneficiary, and (iii) the distributions begin not later than one (1) year after the date of the Participant's death or any later date as the Secretary of the Treasury may by regulations prescribe, then, for purposes of Paragraph (2) of this Subsection (b), the portion referred to in Subparagraph (i) of this Paragraph (3) shall be treated as distributed on the date on which the distributions to the designated Beneficiary begin. (4) If the designated Beneficiary referred to in Paragraph (3)(i) of this Subsection (b)is the surviving spouse of the Participant, then (i) the date on which the distributions are required to begin under Paragraph (3)(iii) of this Subsection (b)shall not be earlier than the date on which the Participant would have attained age 70 1/2, and (ii) if the surviving spouse dies before the distributions to the spouse begin, this Subsection (b) shall be applied as if the surviving spouse were the Participant. (c) For purposes of this Section, the term required beginning date means the later of (i) April 1 of the calendar year following the

Page 4597

calendar year in which the Participant attains age 70 1/2 or (ii) April 1 of the calendar year following the calendar year in which the Participant retires. 6.6 (a) If a Participant is reemployed by a Plan Sponsor prior to his Normal Retirement Date and after the payment of retirement benefits to him have commenced, the payment of that portion of his retirement benefits attributable to the contributions of a Plan Sponsor shall be suspended during the time he is reemployed. The retirement benefit payable upon the Participant's subsequent retirement will be reduced by the Actuarial Equivalent of the payments received by the Participant prior to his Normal Retirement Date. (b) If a Participant is reemployed by a Plan Sponsor after his Normal Retirement Date and after the payment of retirement benefits to him have commenced, he shall continue to receive his retirement benefits. Such Participant shall be entitled to any additional Accrued Benefit determined under Plan Section 5.2 upon his subsequent retirement; provided, such retirement benefits shall be offset by the Actuarial Equivalent of retirement benefits already received by the Participant, but not below the level of the retirement benefits previously payable to the Participant. 6.7 (a) Notwithstanding any provision of the Plan to the contrary, a Distributee may elect, at the time and in the manner prescribed by the Plan Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover; provided, however, (1) if a Distributee's Eligible Rollover Distribution paid directly to a Eligible Retirement Plan specified by the Distributee in a Direct Rollover; provided, however, (1) if a Distributee's Eligible Rollover Distribution to be paid during a calendar year is reasonably expected to be less than $200, the entire amount of such Eligible Rollover Distribution for such year shall be paid directly to the Distributee and not to an Eligible Retirement Plan; (2) if a Distributee elects to have a portion, but not all, of his Eligible Rollover Distribution paid directly to an Eligible Retirement Plan in a Direct Rollover, the minimum amount of the Eligible Rollover Distribution that he can elect to have paid to an Eligible Retirement Plan in a Direct Rollover shall be $500, and (3) a Distributee may only designate one Eligible Retirement Plan to which his Eligible Rollover Distribution may be transferred. (b) To the extent required by applicable law, the Plan Administrator shall furnish a Distributee, within the period beginning 90 days prior to the date his Eligible Rollover Distribution commences and ending 30 days prior to such date, with a written explanation of (1) the rules under which he may have his Eligible Rollover Distribution paid to an Eligible Retirement Plan, (2) the rules that require the withholding of tax on an Eligible Rollover Distribution if it is not paid to

Page 4598

an Eligible Retirement Plan, (3) the rules under which he will not be subject to tax if the Eligible Rollover Distribution is contributed to an Eligible Retirement Plan within 60 days of distribution, and (4) if applicable, the provisions concerning taxation of lump-sum distributions pursuant to Code Section 402(d). (c) This Section 6.7 shall be effective January 1, 1993. SECTION 7 PAYMENT OF BENEFITS ON TERMINATION OF EMPLOYMENT 7.1 Transfer of a Participant from one Plan Sponsor to another Plan Sponsor shall not be deemed for any purpose under the Plan to be a termination of employment by the Participant. 7.2 (a) Except as provided in Subsection (b) below, if a Participant terminates employment with a Plan Sponsor, such Participant shall be entitled to receive that portion of his Accrued Benefit, determined as of his termination of employment, in which he is vested according to the following vesting schedule: Full Years of Vesting Service Percentage Vested Less than 7 0% 7 or more 100% Notwithstanding the foregoing vesting schedule, in no event will a Participant's vested percentage be less than his vested percentage determined under the terms of the Plan in effect prior to the Effective Date. 7.3 The retirement benefit payable to a Participant under this Section shall be in the form of a Normal Fund Payment, unless the Participant elects otherwise pursuant to Plan Section 6. Payment shall commence, except as otherwise provided in this Section, as of the first day of the month coinciding with or next following the Participant's Normal Retirement Age. If a Participant has completed fifteen (15) years of Vesting Service on the date he terminates employment, he may elect to receive his retirement benefit on or after the date he attains Early Retirement Age, reduced as provided in Plan Section 5.3. Notwithstanding the foregoing, if the Actuarial Equivalent of a Participant's vested Accrued Benefit is not more than $3,500, payment shall be made within a reasonable period of time after the end of the Plan Year in which the Participant terminates employment. The retirement benefits payable to a Participant hereunder shall be subject to the provisions of Plan Sections 6.2, 6.4, 6.5 and 6.7. 7.4 In lieu of the retirement benefits described in Section 5, a vested Participant may elect to receive his Contribution Account Balance upon his becoming eligible for a distribution pursuant to Section 7.3. If a Participant terminates employment prior to becoming vested, his Contribution Account

Page 4599

Balance shall be distributed to him as soon as administratively feasible after his termination of employment. If a Participant receives his Contribution Account Balance under this Section 7.4, then no additional benefits will be payable to the Participant or his Beneficiaries under any circumstances unless such individual again becomes a Participant and earns additional benefits. The payment of a Participant's Contribution Account Balance will be in the form of one (1) lump sum in cash and will be in full settlement of any and all obligations of the Plan to the Participant and his Beneficiaries unless he again becomes a Participant and earns additional benefits under the Plan. 7.5 As of a Participant's termination of employment, that portion of his Accrued Benefit in which he is not vested shall be forfeited, and any forfeitures resulting from the operation of this Section 7 shall be used to reduce the cost of the Plan by reducing future Plan Sponsor contributions. 7.6 (a) If a Participant (1) terminates employment with a vested Accrued Benefit, (2) does not receive a distribution of his Contribution Account Balance under Section 6.3 or 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service prior to his termination of employment shall be considered for all purposes under the Plan. (b) If a Participant (1) terminates employment on or after September 1, 1995 with a vested Accrued Benefit, (2) receives a distribution of his Contribution Account Balance under Section 6.3 or 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service prior to his termination of employment shall be disregarded for all purposes under the Plan unless (i) the number of years and whole months of Credited Service prior to his Severance Date exceeds the number of years and whole months elapsed from his Severance Date to his reemployment date and (ii) the Participant repays the amount of such prior distribution to the Plan in a lump sum no sooner than twenty-four (24) months and no later than 36 months after his date of reemployment. (c) If a Participant (1) terminates employment on or after September 1, 1995 without a vested interest in his Accrued Benefit, (2) receives a distribution of his Contribution Account Balance under Section 7.4 hereof, and (3) becomes reemployed by a Plan Sponsor, any Credited Service and Vesting Service prior to his termination of employment shall be disregarded for all purposes under the Plan unless (i) the Participant is reemployed by the Plan Sponsor within five (5) years of his date of termination and the number of years and whole months of Credited Service prior to his Severance Date exceeds the number of years and whole months elapsed from his Severance Date to his reemployment date and (ii) the Participant repays the amount of such prior distribution to the Plan in a lump sum no sooner

Page 4600

than twenty-four (24) months and no later than 36 months after his date of reemployment. (d) If a Participant terminated employment prior to September 1, 1995 without a vested interest in his Accrued Benefit, any Credited Service and Vesting Service prior to his termination of employment shall be disregarded for all purposes under the Plan unless (1) the Participant is reemployed by a Plan Sponsor within five (5) years of his date of termination and (2) the number of years and whole months of Credited Service prior to his Severance Date exceeds the number of years and whole months elapsed from his Severance Date to his reemployment date. SECTION 8 ADMINISTRATION OF THE PLAN 8.1 Assets of the Fund. (a) All contributions made by a Plan Sponsor shall be deposited in the Fund, which shall be administered by the Plan Administrator. The Plan Administrator shall have the authority to develop a statement of investment policy. The Plan Administrator shall also have the authority to invest and reinvest money which is held for the purpose of paying retirement benefits under the Plan, but which is not needed for immediate payment, as determined by the Plan Administrator, in accordance with such investment policy to be known as the Clayton County Pension Board Employees' Retirement Plan Statement of Investment Policy, as amended from time to time. (b) The Plan Administrator shall exercise voting rights pertaining to any security at any time held in the Fund, and accept and hold any securities issued in connection therewith in accordance with rules and procedures and requirements as may be adopted and delegated by the Plan Administrator in accordance with the Plan Administrator Procedures in Appendix B hereto. (c) The Plan Administrator shall annually have an appraisal of the Fund conducted by a qualified investment appraisal firm for the purpose of ascertaining productivity and soundness of investments and will use such appraisals in their responsibility of investing the assets of the Fund. (d) The Plan Administrator shall have an annual audit of the Fund prepared by the auditors employed by Clayton County, Georgia and make report of such audit examination to the Board of Commissioners. (e) Except as otherwise provided above, all assets of the Fund, including investment income, shall be retained for the exclusive benefit of Participants and their Beneficiaries, shall be used to pay

Page 4601

benefits to such persons or to pay administrative expenses to the extent not paid by a Plan Sponsor. 8.2 Fiduciary Responsibility. (a) The Plan Administrator shall issue directions to the Custodian concerning all benefits which are to be paid from the Fund pursuant to the provisions of the Plan. (b) The Plan Administrator, may allocate its fiduciary responsibilities among fiduciaries designated in writing by the Plan Administrator and may designate in writing other persons to carry out its fiduciary responsibilities under the Plan. The Plan Administrator may at any time and from time to time remove any such person designated to carry out its fiduciary responsibilities under the Plan by notice in writing to such person. (c) The Plan Administrator and each other Plan fiduciary may employ persons to perform services and to render advice with regard to any of the fiduciary's responsibilities under the Plan. (d) Each Plan Sponsor shall indemnify and hold harmless each person constituting the Plan Administrator from and against any and all claims, losses, costs, expenses (including, without limitation, attorney's fees and court costs), damages, actions or causes of action arising from, on account of or in connection with the performance by such person of his duties in such capacity, provided such person acted in good faith. 8.3 Duties of the Plan Administrator. (a) The Plan Administrator shall from time to time establish rules, not contrary to the provisions of the Plan, for the administration of the Plan and the transaction of its business. All elections and designations to be made under the Plan by a Participant or his spouse shall be made on forms prescribed by the Plan Administrator. The Plan Administrator shall have discretionary authority to construe the terms of the Plan and shall determine all questions arising in the administration, interpretation and application of the Plan, including, but not limited to, those concerning eligibility for benefits, and it shall not act so as to discriminate in favor of any person. All determinations of the Plan Administrator shall be conclusive and binding on all Employees, Participants, Beneficiaries, and fiduciaries, subject to the provisions of the Plan and subject to applicable law. (b) The Plan Administrator shall furnish Participants and Beneficiaries of deceased Participants with any disclosures now or hereafter required by the Code. The Plan Administrator shall file any reports and disclosures concerning the Plan and its operations as required by the Code, and shall be responsible for establishing and maintaining all records of the Plan.

Page 4602

(c) The statement of specific duties for a Plan Administrator in this Section 8.3 is not in derogation of any other duties which a Plan Administrator has under the provisions of the Plan or under applicable law. 8.4 Action by Plan Sponsor. Any action to be taken by a Plan Sponsor shall be taken by resolution or written direction duly adopted by the appropriate governing body; provided, however, that by resolution or written direction, such governing body may delegate to any officer or other appropriate person the authority to take any such actions as may be specified in such resolution or written direction. SECTION 9 CLAIM REVIEW PROCEDURE 9.1 In the event that a Participant or Beneficiary is denied a claim for benefits under the Plan, the Plan Administrator shall provide to such claimant written notice of the denial which shall set forth: (a) the specific reasons for the denial; (b) specific references to the pertinent provisions of the Plan on which the denial is based; (c) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; and (d) an explanation of the Plan's claim review procedure. 9.2 After receiving written notice of the denial of a claim, a claimant or his representative may request a full and fair review of the denial by written application to the Plan Administrator, review pertinent documents, and submit issues and comments in writing to the Plan Administrator. 9.3 If the claimant wishes such a review of the decision denying his claim to benefits under the Plan, he must submit such written application to the Plan Administrator within sixty (60) days after receiving written notice of the denial. 9.4 Upon receiving the written application for review, the Plan Administrator may schedule a hearing for purposes of reviewing the claimant's claim, which hearing shall take place not more than sixty (60) days from the date on which the Plan Administrator received the written application for review. 9.5 At least ten (10) days prior to the scheduled hearing, the claimant and his representative designated in writing by him shall receive written notice of the date, time, and place of such scheduled hearing. The claimant or his representative may request that the hearing be rescheduled, for his convenience, on another reasonable date or at another reasonable time or place.

Page 4603

9.6 All claimants requesting a review of the decision denying their claim for benefits may employ counsel for purposes of the hearing. 9.7 No later than sixty (60) days after receiving the written application for review, the Plan Administrator shall submit its decision in writing to the claimant and to his representative, if any; provided, however, a decision on the written application for review may be extended, if special circumstances, such as the need to hold a hearing require an extension of time, to a date no later than one hundred twenty (120) days after the date of receipt of the written application for review. The decision shall include specific reasons therefor and specific references to the pertinent Plan provisions on which it is based. SECTION 10 LIMITATION OF ASSIGNMENT, PAYMENTS TO LEGALLY INCOMPETENT DISTRIBUTEE AND UNCLAIMED PAYMENTS 10.1 No benefit which shall be payable under the Plan to any person shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same shall be void. No benefit shall in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of any person, nor shall it be subject to attachment or legal process for, or against, any person, and the same shall not be recognized under the Plan, except to such extent as may be required by law. Notwithstanding the above, this Section shall not apply to a qualified domestic relations order (as defined in Code Section 414(p)), and benefits may be paid pursuant to the provisions of such an order. The Plan Administrator shall develop procedures (in accordance with applicable federal law) to determine whether a domestic relations order is qualified, and, if so, the method and the procedures for complying therewith. 10.2 If any person who shall be entitled to any benefit under the Plan shall become bankrupt or shall attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge such benefit under the Plan, then the payment of any such benefit in the event a Participant or Beneficiary is entitled to payment shall, in the discretion of the Plan Administrator, terminate and in that event the Custodian shall hold or apply the same for the benefit of such person or his spouse in the manner and proportion as the Plan Administrator shall determine. 10.3 Whenever any benefit which shall be payable under the Plan is to be paid to or for the benefit of any person who is then a minor or determined to be incompetent by qualified medical advice, the Plan Administrator need not require the appointment of a guardian or custodian, but shall be authorized to cause the same to be paid over to the person having custody of the minor or incompetent, or to cause the same to be paid to the minor or incompetent without the intervention of a

Page 4604

guardian or custodian, or to cause the same to be paid to a legal guardian or custodian of the minor or incompetent if one has been appointed or to cause the same to be used for the benefit of the minor or incompetent. Any benefit payment made in accordance with the provisions of this Section shall be a complete discharge of any liability for the making of such payment. 10.4 Whenever the Plan Administrator cannot, within a reasonable time after payments are to commence, locate any person to or for the benefit of whom such payments are to be made, after making a reasonable effort to locate such person, the amount to be paid sill become a forfeiture under the Plan and shall be used to reduce the cost of the Plan. SECTION 11 PROHIBITION AGAINST DIVERSION At no time shall any part of the Fund be used for or diverted to purposes other than the exclusive benefit of the Participants or their Beneficiaries, subject, however, to the payment of all taxes and administrative expenses and subject to the provisions of the Plan with respect to returns of contributions. SECTION 12 LIMITATION OF RIGHTS Neither the Plan nor the mere fact of Plan participation shall give any Employee or other person any right or claim except to the extent that the right or claim is specifically fixed under the terms of the Plan and the Fund is sufficient therefor. The establishment of the Plan shall not be construed to give any Employee a right to continue in the employ of a Plan Sponsor or as interfering with the right of the Plan Sponsor to terminate the employment of any Employee at any time. SECTION 13 AMENDMENT AND TERMINATION 13.1 Subject to applicable state law to the contrary, the Board of Commissioners reserves the right at any time to modify, amend, or terminate the Plan in whole or in part; provided, however, that the Board of Commissioners shall have no power to modify or amend the Plan in such manner as would cause or permit any portion of the funds held under the Plan to be used for, or diverted to, purposes other than for the exclusive benefit of Participants or their Beneficiaries, or as would cause or permit any portion of any funds held under the Plan to become the property of a Plan Sponsor. No modifications or amendments shall have the effect of retroactively changing or depriving Participants or Beneficiaries of rights already accrued under the Plan. No Plan Sponsor other than the Board of Commissioners shall have the right to so modify, amend or terminate the Plan.

Page 4605

13.2 Subject to applicable state law to the contrary, each Plan Sponsor other than Clayton County shall have the right to terminate its participation in the Plan by resolution of its appropriate governing body, unless the termination would result in the disqualification of the Plan as to any other Plan Sponsor. If contributions by or on behalf of a Plan Sponsor are completely terminated, the Plan shall be deemed terminated as to such Plan Sponsor. In the event of termination of the Plan, the benefit payable to any Highly Compensated Employee is limited to an amount that is nondiscriminatory under Code Section 401(a)(4). 13.3 In the event of the termination or partial termination of the Plan, each affected Participant's Accrued Benefit as of the date of such termination or partial termination, to the extent funded as of such date, shall be fully vested and thereafter shall be nonforfeitable, notwithstanding the provisions of Plan Section 7.2. SECTION 14 INCORPORATION OF SPECIAL LIMITATION Appendices A, B and C to the Plan attached hereto are hereby incorporated by reference and the provisions of the same shall apply notwithstanding anything to the contrary herein. APPENDIX A LIMITATION ON BENEFITS SECTION 1 (a) Notwithstanding any other provision of the Plan, effective July 1, 1983 in no event shall the annual pension benefit of a Participant under the Plan attributable to Plan Sponsor contributions exceed the lesser of (1) $90,000, subject to adjustment in accordance with regulations issued by the Secretary of Treasury or other applicable provision of law, provided that any adjustment shall be effective as of January 1 of each calendar year and shall be applicable with respect to the limitation year ending with or within each calendar year, or (2) 100% of the Participant's average annual Compensation for the three consecutive calendar years during which (A) he was a Participant and (B) his aggregate annual Compensation from a Plan Sponsor was the highest. (b) In the case of a Participant who has less than ten (10) Years of Participation in the Plan, the limitation under Subsection (a)(1) of this Section shall be determined by multiplying the otherwise applicable limit by a fraction, the numerator of which is the number of Years (or part thereof) of Participation in the Plan and the denominator of which is ten (10). In the case of a Participant who has less than ten (10) years of Credited Service with a Plan Sponsor, the limitation under Subsection (a)(2) of this Section shall be determined by multiplying the otherwise applicable limit by a fraction, the numerator of which is the number of

Page 4606

years (or part thereof) of Credited Service with a Plan Sponsor and the denominator of which is ten (10). Notwithstanding the above, in no event shall the limitations contained in this Subsection reduce the limitations referred to in Subsection (a) of this Section to an amount less than one-tenth (1/10) of the applicable limitation provided in Subsection (a) (as determined without regard to this Subsection). To the extent provided in regulations promulgated by the Secretary of the Treasury, this Subsection shall be applied separately with respect to each change in the benefit structure of the Plan. (c) Notwithstanding the foregoing, in the case of a qualified participant, Section 2 below shall not reduce the limitation of Section 1(a)(1) above to an amount less than $50,000. For purposes of this Section a qualified participant is a Participant who has at least fifteen (15) years of Credited Service as a full-time Employee of a police department or fire department which is organized and operated by Clayton County. SECTION 2 If retirement payments to a Participant commence before the Participant attains age 62, the limitation under Section 1(a)(1) of this Appendix A shall be reduced so that such limitation (as so reduced) equals an annual benefit (beginning when such retirement income benefit begins) which is the Actuarial Equivalent of a $90,000 annual benefit beginning at age 62. The reduction under this Section shall not reduce the limitation under Section 1(a)(1) below (a) $75,000 if the benefit begins at or after age 55, or (b) if the benefit begins before age 55, the Actuarial Equivalent of the $75,000 limitation for age 55. SECTION 3 If the retirement payments to a Participant commence after the Participant attains age 65, the limitation under Section 1(a)(1) of this Appendix A shall be increased so that such limitation (as so increased) equals an annual benefit (beginning when such retirement income benefit begins) which is the Actuarial Equivalent of a $90,000 annual benefit beginning at age 65. SECTION 4 In the event a Plan Sponsor maintains a defined contribution plan in which a Participant also participates, the sum of the defined benefit plan fraction and the defined contribution plan fraction shall not exceed 1.0. (a) The defined benefit plan fraction for any limitation year is a fraction: (1) the numerator of which is the projected annual benefit of the Participant under all defined benefit plans (determined as of the close of the year); and

Page 4607

(2) the denominator of which is the lesser of (A) the product of 1.25, multiplied by the maximum annual benefit allowable under Code Section 415(b)(1)(A), or (B) the product of 1.4 multiplied by the amount which may be taken into account under Code Section 415(b)(1)(B) with respect to a Participant under the defined benefit plan for the year (determined as of the close of the year). (b) The defined contribution plan fraction for any limitation year is a fraction: (1) the numerator of which is the sum of a Participant's annual additions as of the close of the year; and (2) the denominator of which is the sum of the lesser of the following amounts determined for the year and for all prior limitation years during which the Participant was employed by a Plan Sponsor: (A) the product of 1.25, multiplied by the dollar limitation in effect under Code Section 415(c)(1)(A) for the limitation year (determined without regard to Code Section 415(c)(6)), or (B) the product of 1.4 multiplied by the amount which may be taken into account under Code Section 415(c)(1)(B) (or Code Section 415(c)(7) if applicable) with respect to the Participant for the limitation year. SECTION 5 For purposes of determining whether the limitations set forth in this Appendix A have been satisfied for Plan Years beginning after December 31, 1986, the following transitional rules as established by Section 1106(i) of the Tax Reform Act of 1986 shall be applied: (a) If the Accrued Benefit of a Participant determined as of December 31, 1986 exceeds the limitations as set forth in this Appendix A, then for purposes of satisfying the limitations as set forth in this Appendix A, the limitation of Section 1(a)(1) of this Appendix A with respect to the Participant shall be equal to his Accrued Benefit as of December 31, 1986; and (b) Pursuant to regulations prescribed by the Secretary of the Treasury, for the last limitation year beginning before January 1, 1987, an amount shall be subtracted from the numerator of the defined contribution plan fraction, which number shall not exceed the numerator, so that the sum of the defined benefit plan fraction and

Page 4608

the defined contribution plan fraction does not exceed 1.0 for such limitation year. SECTION 6 For purposes of this Appendix A, the term limitation year shall mean a Plan Year unless a Plan Sponsor elects, by adoption of a written resolution, to use any other twelve-month period in accordance with regulations issued by the Secretary of the Treasury. SECTION 7 For purposes of applying the limitations of this Appendix A, all defined contribution plans maintained or deemed to be maintained by a Plan Sponsor shall be treated as one defined contribution plan, and all defined benefit plans now or previously maintained or deemed to be maintained by a Plan Sponsor shall be treated as one defined benefit plan. SECTION 8 In the event that the limitations set forth in this Appendix A are exceeded with respect to a Participant for a particular limitation year, a Plan Sponsor shall take appropriate steps to comply with the limitations. If a Participant is a participant in one or more defined contribution plans sponsored by a Plan Sponsor, his benefit under this Plan shall be reduced, if the defined contribution plans do not provide for a sufficient automatic reduction of the Participant's annual additions in that case, so that the aggregate of all benefits does not exceed the permissible limits set forth in Code Section 415. SECTION 9 For purposes of applying the limitations set forth in this Appendix A, where a defined benefit plan provides for employee contributions, the annual benefit attributable to those contributions is not taken into account, but those contributions are considered a separate defined contribution plan maintained by the Plan Sponsor which is subject to the limitations set forth in this Appendix A. APPENDIX B ADMINISTRATION SECTION 1 APPOINTMENT OF PLAN ADMINISTRATOR The Plan Administrator shall be the Clayton County Pension Board (the Pension Board). The Pension Board shall consist of five (5) members, one of whom shall be the Chairman of the Clayton County Water Authority, or his designee (in which case, the person so designated shall serve at the pleasure of said Chairman); one of whom shall be the Chairman of the Board of Commissioners, or his designee (in which case,

Page 4609

the person so designated shall serve at the pleasure of said Chairman); one of whom shall be the Director of the Clayton County Civil Service System; one of whom shall be the Director of Finance/Comptroller of Clayton County; and the fifth member of the Pension Board shall be selected by and appointed to the Pension Board by the four (4) enumerated members, said fifth member to be a resident of Clayton County, not less than 25 years of age, not in the employ of the State of Georgia, any County or Municipal government, and experienced in business or professional work. In the case of a tie, the Senior Judge of the Clayton County Judicial Circuit shall appoint the fifth member. Such fifth member shall serve for a term of four (4) years or until his successor is selected and qualified. The fifth member may succeed himself on the Pension Board. Other Pension Board members shall serve on the Pension Board by virtue of their elected or appointed positions. The members of the Pension Board shall serve without pay. SECTION 2 PENSION BOARD PROCEDURES (a) The Pension Board shall elect their own Chairman and Vice Chairman and shall delegate to such officers their respective duties. The Director of Finance/Comptroller of Clayton County shall act as Secretary to the Pension Board and in which capacity shall keep all of the records, books and minutes of the Pension Board. (b) Each member of the Pension Board, other than the Secretary, shall have the privilege of serving as Chairman determined annually. The election of officers of the Pension Board shall be held at the first meeting of the Pension Board each calendar year. (c) The Pension Board shall hold annually a minimum of four (4) regular meetings in the Administration Building, open to the public, and such special meetings as shall be called by the Chairman, or a majority of the members of the Pension Board. The Secretary of the Pension Board shall give written notice to the members of all regular and special meetings. (d) A majority of the members of the Pension Board shall constitute a quorum for all purposes. A quorum of said Pension Board shall be necessary for the transaction of any business or the conduct of any hearings before said Pension Board, and no benefits shall be granted without the affirmative vote of at least three (3) members of the Pension Board. APPENDIX C SPECIAL RULES SECTION 1 PRIOR COMPENSATION LIMIT EFFECTIVE JANUARY 1, 1992 (a) In no event shall Compensation for any Plan Year, exceed $200,000 (the Compensation Limitation). In addition, if Compensation for any Plan Year prior to January 1, 1989 is used to determine a Pension

Page 4610

in any year beginning on or after January 1, 1989, then-the Compensation Limitation for that prior year shall be $200,000; except that such limitation shall not have the effect of reducing any benefit accrued prior to January 1, 1989. (b) For all purposes of the Plan, the Compensation Limitation shall be increased automatically as permitted by Treasury Department regulations to reflect cost-of-living adjustments. As a result of such an adjustment, the Compensation Limitation in effect for a Plan Year shall apply only to a Participant's Compensation for that year and Compensation for any prior Plan Year shall be subject to the applicable Compensation Limitation in effect for that prior year. (c) Notwithstanding anything to the contrary in this Section 1, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992. SECTION 2 INCREASES IN RETIREMENT BENEFITS (a) The pension benefits for the eligible retirees (or their qualifying spouses) who retired under the 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. (b) Effective January 1, 1994, any Participant, spouse or Beneficiary receiving a benefit under any provision of the Plan as June 30, 1992, and who is still receiving a pension on January 1, 1994, shall receive a one time cost-of-living adjustment (COLA) to his benefit. The amount of the one-time COLA shall be equal to one percent (1%) of the number of full years such person's benefit has been in pay status as of December 31, 1993. In determining the number of full years the benefit of a Beneficiary under either of the optional forms of benefit under Section 6.01(a) or 6.01(b) of the Plan has been in pay status, the benefit commencement date shall be the date the Participant's benefit commenced, not the date the Beneficiary's benefit commenced. (c) Notwithstanding anything to the contrary in this Section 2, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 1, 1992. SECTION 3 1993 EARLY RETIREMENT WINDOW (a) For the period January 4, 1993 through February 26, 1993, Clayton County implemented a program to provide an incentive for certain eligible employees of Clayton County (excluding employees of the Clayton County Water Authority) to retire early. For purposes of the 1993 Early Retirement Window, an eligible employee shall hereinafter be referred to

Page 4611

as an Eligible Participant. In order to be eligible for the 1993 Early Retirement Window, an Eligible Participant, as of December 31, 1992, must: (i) be actively employed with Clayton County; (ii) have reached age 50; and (iii) have attained fifteen (15) years of Credited Service with Clayton County. Additionally, an Eligible Participant must not have been rehired by Clayton County after September 1, 1992. If an Eligible Participant retired under this 1993 Early Retirement Window, the provisions of Section 5.05 of the Plan shall not apply. Provided, however, if an Eligible Participant retires undo the 1993 Early Retirement Window and is rehired by Clayton County on a full-time basis, his enhanced benefit under the 1993 Early Retirement Window shall be forfeited. (b) In addition to the benefit described in Section 5.01 of the Plan, if an Eligible Participant elects to retire under the provisions of the 1993 Early Retirement Window, the following monthly benefits, subject to the provisions of Section 5.06, shall also be paid as follows: (i) On a Life Income with 60 Months Certain basis, equal to the sum of (A) and (B): (A) 1.2% of the Eligible Participant's Average Monthly Compensation multiplied by 5.0. (B) 0.75% of the Eligible Participant's Average Monthly Compensation in excess of $1,250, if any, multiplied by 5.0 (additional years of service). plus (ii) for an Eligible Participant whose benefit commences prior to age 62, an amount equal to one percent (1%) of the Eligible Participant's Average Monthly Compensation multiplied by the Eligible Participant's Credited Service but not greater than the Eligible Participant's estimated monthly Primary Social Security Benefit payable at age 62 under the provisions of Title II of the Social Security Act in effect at the time of his termination of employment; provided, however, this monthly amount shall cease on the earlier of the Eligible Participant's death or the month after the Eligible Participant attains age 62. (c) Notwithstanding any prior contrary provisions, if an Eligible Participant elected early retirement under the 1993 Early Retirement Window, there shall be no reduction for commencement of such an Eligible Participant's early retirement benefit prior to his normal retirement date.

Page 4612

(d) The governing authority of Clayton County (but not the Clayton County Water Authority) shall appropriate to the Fund an amount necessary to fund the 1993 Early Retirement Window for Eligible Participants of Clayton County pursuant to the amortization schedule provided by the Actuary. (e) Notwithstanding anything to the contrary in this Section 3, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of January 4, 1993. SECTION 4 1992 EARLY RETIREMENT WINDOW (a) For the period November 1, 1992 through December 31, 1992, Clayton County implemented a program to provide an incentive for certain eligible employees of Clayton County (excluding employees of the Clayton County Water Authority) to retire early. In order to be eligible for the 1992 Early Retirement Window, an employee must have been age 50 with fifteen (15) years of Credited Service on October 1, 1992 (an Eligible Participant). If an Eligible Participant retired under the 1992 Early Retirement Window, the provisions of Section 5.05 of the Plan shall not apply. (b) In addition to the benefit described in Section 5.01 of the Plan, if an Eligible Participant elects to retire under the provisions of the 1992 Early Retirement Window, the following monthly benefits, subject to the provisions of Section 5.06, shall also be paid as follows: (i) On a Life Income with 60 Months Certain basis, equal to the sum of (A) and (B): (A) 1.2% of the Eligible Participant's Average Monthly Compensation multiplied by 5.0. (B) 0.75% of the Eligible Participant's Average Monthly Compensation in excess of $1,250, if any, multiplied by 5.0 (additional years of service). plus (ii) For an Eligible Participant whose benefit commences prior to age 62, an amount equal to one percent (1%) of the Eligible Participant's Average Monthly Compensation multiplied by the Eligible Participant's Credited Service but not greater than the Eligible Participant's estimated monthly Primary Social Security Benefit payable at age 62 under the provisions of Title II of the Social Security Act in effect at the time of his termination of employment; provided, however, this monthly amount shall cease on the earlier of the Eligible Participant's death or the month after the Eligible Participant attains age 62. (c) Notwithstanding any prior contrary provisions, if an Eligible Participant elected early retirement under the 1992 Early Retirement

Page 4613

Window, there shall be no reduction for commencement of such an Eligible Participant's early retirement benefit prior to his normal retirement date. (d) Notwithstanding anything to the contrary in this Section 4, references to the Plan and to defined terms are references to those provisions of the Plan and defined terms in effect as of November 1, 1992. ORDINANCE 95-89 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 August 15, 1995 with the following members present and voting in favor of same: Chairman C. Crandle Bray, Vice Chriaman Gerald A. Matthews, Commissioner Terry J. Starr, Commissioner Robbie L. Moore, Jr., and Commissioner Richard Reagan. MARGARETTE A. SWAIM, CLERK 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 September 5, 1995 with the following members present and voting in favor of same: Chairman C. Crandle Bray, Vice Chairman Gerald A. Matthews, Commissioner Terry J. Starr, Commissioner Robbie L. Moore, Jr., and Commissioner Richard Reagan. MARGARETTE A. SWAIM, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS Having been read during the regular meetings of the Board of Commissioners of Clayton County on August 15, 1995 and September 5, 1995, Ordinance 95-89 was adopted at the regular meeting of September 5, 1995. The following members were present on September 5, 1995 and voted in favor of Ordinance 95-89: Chairman C. Crandle Bray, Vice Chairman Gerald A. Matthews, Commissioner Terry J. Starr, Commissioner Robbie L. Moore, Jr., and Commissioner Richard Reagan. MARGARETTE A. SWAIM, CLERK CLAYTON COUNTY BOARD OF COMMISSIONERS ATTEST: MARGARETTE A. SWAIM CLERK OF THE COMMISSION (SEAL)

Page 4614

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 95-89 AS ADOPTED BY THE CLAYTON BOUNTY BOARD OF COMMISSIONERS ON SEPTEMBER 5, 1995. THE ORIGINAL OF ORDINANCE 95-89 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. MARGARETTE A. SWAIM CLERK OF THE COMMISSION September 6, 1995 State of Georgia County of Clayton Personally appeared before the undersigned, KELLY L. O'CONNOR , 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: AUGUST 18TH, 25TH SEPTEMBER 1ST, 1995 KELLY L. O'CONNOR Affiant Sworn to and subscribed before me this 11TH day of SEPTEMBER 19 95 Signed Shayne O. Finch , Notary Public MY COMMISSION EXPIRES FEB 20 , 19 98 NOTICE OF INTENT TO CONSIDER AN ORDINANCE AMENDING THE CLAYTON COUNTY PUBLIC EMPLOYMENT RETIREMENT SYSTEM Notice is hereby given by the Clayton County Board of Commissioners that an Ordinance was read which amends the Code of Clayton County, Georgia. The Ordinance, relating to the Clayton County Public Employment Retirement System (Pension Plan), provides for a general revision of the system including: changes in the vesting schedule; the calculation of vesting service and credited service; the calculation of benefits formula; eligibility classification, and the addition of an employee contribution to the plan fund(s); the severability of invalid portions of the Ordinance; the repeal of conflicting laws, ordinances and resolutions; the effective date (9/9/95); and other changes.

Page 4615

The Ordinance was read by the Board of Commissioners (first reading) during its regularly scheduled meeting commencing at 2:00 p.m. on August 15, 1995 and will be read (second reading) during its regularly scheduled meeting commencing at 7:00 p.m. on September 5, 1995. Adoption of the Ordinance will be considered during its regularly scheduled meeting commencing at 7:00 p.m. on September 5, 1995 in the Commissioners' Board Room, 112 Smith Street, Jonesboro, Georgia. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Clayton County, for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. The Ordinance may also be reviewed at the Clayton County Commissioners' Office at 112 Smith Street, Jonesboro, Georgia. Questions may be directed to John A. Kimbell, Staff Attorney at 477-3207. Aug. 18, 25/Sept. 1, 1995 191 Filed in the Office of the Secretary of State October 17, 1995. DEKALB COUNTY MERIT SYSTEM; HEARING OFFICERS. DEKALB COUNTY - MERIT SYSTEM AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1956, GEORGIA LAWS 1956, PAGE 3111, ET SEQ., AS AMENDED, AUTHORIZING THE ESTABLISHING OF A MERIT SYSTEM IN DEKALB COUNTY FOR EMPLOYEES OF DEKALB COUNTY, AUTHORIZING THE ESTABLISHING OF A MERIT SYSTEM COUNCIL, PRESCRIBING ITS DUTIES, RESPONSIBILITIES, TERMS OF OFFICE, METHOD OF APPOINTMENT AND RELATED MATTERS, SO AS TO AMEND SAID 1956 ACT TO PROVIDE FOR THE ESTABLISHMENT OF A SYSTEM OF HEARING OFFICERS FOR THE PURPOSE OF HEARING APPEALS OF DISMISSED EMPLOYEES; TO AMEND PROVISIONS PERTAINING TO APPEALS OF DISMISSED EMPLOYEES, 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, pertaining to the DeKalb County Merit System authorizing the establishing of a merit system in

Page 4616

DeKalb County for the employees of DeKalb County, authorizing the establishing of a Merit System Council, prescribing its duties, responsibilities, terms of office, method of appointment and related matters, Georgia Laws 1956, Page 3111, et seq., as amended, be and the same is hereby further amended as follows: I. By deleting Section 4 (1956 Ga. Laws p. 3113) (Shown as Sec. 1055 in Appendix B to the DeKalb County Code) in its entirety and substituting in lieu thereof the following: (a) The merit system council, when requested by the Chief Executive Officer, may hold public meetings regarding proposed rules and regulations and standards of the merit system and thereafter recommend to the board of commissioners the adoption of rules and regulations and standards affecting the merit system established under this Act. Said board of commissioners may adopt a personnel coded which may include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the merit system or the council. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the merit system, provided that no elected county officers shall be required to choose personnel solely from said register, but the personnel employed by such a county officer shall be processed in accordance with such rules and regulations as may be adopted. Said personnel code, rules and regulations when approved and adopted by the board of commissioners shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the merit system as to all personnel subject to the jurisdiction of the board of commissioners. (b) The Chief Executive Officer is authorized to implement the personnel code and the rules and regulations adopted by the board of commissioners by such procedures and rules as he or she deems appropriate, and to provide for the review of personnel actions in such manner as he or she deems appropriate, consistent with the policies established by the board of commissioners. 1. For the review of personnel actions other than the dismissal of permanent classified employees for cause, the chief executive officer may establish employee review panels by whatever name known to review and conciliate such disputes in the manner and under such

Page 4617

rules and regulations as may be prescribed by the Chief Executive Officer or his or her designee with such finality as may be directed by the Chief Executive Officer. In the discretion of the Chief Executive Officer, the approval of the board of commissioners may be sought for any and all of such procedures. 2. For the review of personnel actions dismissing permanent classified employees for cause, the chief executive officer shall establish a pool of persons eligible to serve as hearing officers. A hearing officer's review shall afford the employee the right to present evidence and to be heard in the manner and under such rules, regulations and administrative procedures as may be prescribed by the Chief Executive Officer or designee and outlined in the formal, written Administrative Procedures To The Personnel Chapter Of The DeKalb County Code. Within budgetary limitations, compensation of persons serving as hearing officers shall be set forth in the Administrative Procedures To The Personnel Chapter Of The DeKalb County Code, but in no event shall tile hearing officer be a current official or employee of Dekalb County or have been an official or employee of DeKalb County within ten years prior to serving as a hearing officer. In the discretion of the Chief Executive Officer, the approval of the board of commissioners may be sought for any and all such procedures. 3. A person serving as a hearing officer shall possess the qualifications from either of the following: a. Baccalaureate degree in personnel administration, labor relations, public administration, political science or business administration, and a minimum of three (3) years experience in investigating or reviewing employment grievances or similar complaints; OR b. Admitted to the practice law in the State of Georgia and an active member of the State Bar of Georgia, plus a minimum of two (2) years experience in the practice of law. (c) The merit system council shall keep and maintain an accurate record of minutes and shall be authorized to hire a clerk to keep and maintain its minutes, the compensation of such clerk to be set by the governing authority of said county. (d) Said council shall be authorized to make recommendations as to amendments, additions to and changes in said rules and regulations

Page 4618

from time to time and when said amendments, changes or additions are adopted by the board of commissioners, said amendments shall have the force of law and be binding on all parties affected by said merit system. A simple majority of the council members shall constitute a quorum for the conduct of any hearing or business to be transacted by the council. Action of the council shall be by vote of a majority of members present at a meeting where a quorum is present. II. By deleting Section 5 (1956 Ga. Laws p. 3115) (Shown as Sec. 1056 in Appendix R to the DeKalb County Code) in its entirety and substituting in lieu thereof the following: (a) No permanent classified employee of any department or office of the county which has been brought under the merit system pursuant to this Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the merit system, as approved by the governing authority of the county. Any employee so dismissed shall have the right of appeal pursuant to the rules and regulations so adopted for that purpose, by filing his or her notice of appeal in writing with the merit system director within ten (10) days after the date of his or her dismissal. (b) One (1) hearing officer shall be assigned, pursuant to the administrative procedures, to hear said appeal within forty-five (45) days after it is filed, during which time said hearing officer must afford the dismissed employee a hearing before said hearing officer, which may be continued from time to time, to fully explain his or her conduct for which he or she was dismissed. (c) The hearing officer may reverse a dismissal only upon a finding that it was based upon an error in fact or was motivated by a non-job related factor. (d) The hearing officer shall issue a written decision within thirty (30) days from the conclusion of the hearing. The hearing officer shall maintain a record of the hearing which shall consist of the evidence received by the hearing officer. The decision of the hearing officer shall be in writing, dated and signed. The written decision shall contain findings of fact and conclusions, and shall clearly set forth the grounds for such decision. (e) An adversely affected party may file an application for review of the hearing officer's decision to the merit system council. The application for review must be in writing and filed with the merit system director within ten (10) days from the date of receipt of the hearing officer's decision. Receipt of the decision of the hearing officer is hereby deemed to occur no later than the third day after the decision is placed in the

Page 4619

United States mail, with sufficient postage attached, addressed to the parties, or their attorneys' of record. (f) The review by the merit system council shall be solely from the record created by the hearing officer. The merit system council shall not be empowered to receive or to hear additional evidence but shall act as a body to review the decision of the hearing officer. The merit system council may not reverse the decision of the hearing officer unless it determines that such findings of fact or conclusions were clearly erroneous, giving due regard to the exclusive opportunity of the hearing officer to judge the credibility of the witnesses. The merit system council decision shall be in writing, and shall show the numerical vote of the merit system council. If the merit system council, by majority vote, affirms the decision of the hearing officer, the merit system council may incorporate those findings of facts and conclusions of the hearing officer upon which the merit system council bases its decision. If the merit system council, by majority vote, reverses the decision of the hearing officer, the merit system council shall set forth those specific factual findings that it deems clearly erroneous and shall detail all reasons which support its determination. If the decision of the hearing officer is not reversed in writing by the merit system council within forty-five (45) days from the date the application for review was filed, the decision of the hearing officer shall become final and shall stand affirmed. (g) All reviews of a final decision of the hearing officer or of the merit system council shall be by writ of certiorari from the superior court of DeKalb County according to law on application of the county or the dismissed employee. On review, the decision of the hearing officer or the council, with respect to all findings of fact, shall be conclusive and shall not be reversed except upon a determination by the court that such findings were not sustained by substantial evidence, giving due regard to the exclusive opportunity of the hearing officer to judge the credibility of the witnesses. (h) An employee dismissed from employment in any office or department of the county due to curtailment in funds, reduction in staff, or abolition of the job held by such employee shall have no right of appeal to a hearing officer or the merit system council. III. By amending Section 2 (1956 Ga. Laws p. 3112) (Shown as Sec. 1053 in Appendix B to the DeKalb County Code) by adding at the end of paragraph (b) the following: For cause shall include, but shall not be limited to, failure of any council member to appear and be present for two regular consecutive meetings.

Page 4620

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 of 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 that 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 or repeal 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 28th day of March, 1995, and again on the 11th day of April, 1995, at the regular time and place of the meeting of the DeKalb County Board of Commissioners. VIII. A synopsis of this Ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 16th day of February, 1995, the 23rd day of February, 1995, and on the 2nd day of March, 1995, and a copy of this Ordinance shall be filed with the Clerk of Dekalb County Superior Court for the purpose of examination and inspection of the public, along with sufficient copies of the same for distribution to those members of the public who desire the same. IX. The provisions of this Ordinance are effective upon the filing with the Secretary of State, a copy of this Ordinance, together with a copy of the required notice of publication and an affidavit of a duly authorized representative of the newspaper in which said notice was published to the effect that said notice has been published, but in no event shall the filing with the Secretary of State occur earlier than June 1, 1995.

Page 4621

ADOPTED by the DeKalb County Board of Commissioners, this 11th day of April, 1995. Gale Walldorff Presiding Officer Board of Commissioners of DeKalb County, Georgia APPROVED by the Chief Executive Officer DeKalb County, Georgia this 19th day of April, 1995. Liane Levetan Chief Executive Officer DeKalb County, Georgia APPROVED AS TO FORM: Jeffrey L. Mann Assistant County Attorney ATTEST: David W. Joyner, Ex-Officio Clerk, Board of Commissioners and Chief Executive Officer DeKalb County, Georgia 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 28, 1995 and on April 11, 1995. 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 20th day of April, 1995. Jean G. Silvey Notary Public, Gwinnett County, Georgia My Commission Expires October 9, 1998 PUBLISHERS 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:

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Public Notices Amend Act1956,p. 3111 all copy/copies of which are attached hereto and were published in said newspaper on the following date(s): 02/16/95, 02/23/95, 03/02/95 Gerald W. Crane, Publisher By Lynn Crane Agent Sworn to and subscribed before me this April 18, 1995 Notary Public Lottie Barfield Notary Public, DeKalb County, Georgia My Commission Expires November 29, 1997 PUBLIC NOTICE The public is hereby notified that action is underway by the DeKalb County Board of Commissioners to amend certain provisions of a local act of the General Assembly (Acts 1956, p. 3111, as amended) relating to the appeals of employee termination decisions and the removal of merit system council member for cause. It is necessary for the Board of Commissioners to adopt an ordinance at two 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 is on file with the Clerk of DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection, and that upon written request copies are available from the Clerk for interested members of the public. Liane Levetan Chief Executive Officer DeKalb County, Georgia 32-a4282,2/16-3/2 Filed in the Office of the Secretary of State February 29, 1996. WHITFIELD COUNTY HEALTH PLAN FOR EMPLOYEES; COVERAGE. RESOLUTION BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF WHITFIELD COUNTY, GEORGIA, in regular meeting assembled this

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12th day of December, 1995 and by authority of the same IT IS HEREBY RESOLVED as follows: WHEREAS, by Act of the State Legislature of Georgia (Ga.Laws 1966, Vol. 2, p.3284, et seq.) the Board of Commissioners of Whitfield County was granted the authority to provide group insurance for regular employees of Whitfield County, Georgia; and WHEREAS, by subsequent action of the Board of Commissioners a Whitfield County Health Plan (Health Plan) was adopted and approved; and WHEREAS, the Board of Commissioners has determined that the eligible class of employees under the Health Plan should be expanded as hereinafter provided; NOW, THEREFORE, be it hereby resolved by the Board of Commissioners of Whitfield County that the Health Plan be modified by expanding said Plan coverage as follows: A. Each active employee of Whitfield County who upon retirement from employment desires to continue Health Plan coverage may elect, prior to such employees's effective date of retirement, to continue Health Plan coverage of such employee and, if applicable, to such dependent(s) of said employee by giving written notice of such election to the Personnel Director of Whitfield County. The employee's right to elect continued Health Plan coverage shall be subject to the following conditions: 1. Health Plan coverage must be in effect as to such employee, and if applicable, as to dependent(s) of employee at the time of election. 2. Continued Health Plan coverage shall be provided at the same or such lesser level of coverage (as chosen by employee) as that level of coverage provided to such employee and, if applicable, dependent(s) of said employee, at the time of said employee's retirement. 3. Only those employees who retire within five (5) years of such employee's normal retirement date as defined by the Whitfield County Employee Pension Plan (as the same presently exists or may hereafter be restated or amended), shall be eligible to elect continued Health Plan coverage. 4. The total cost of coverage of Health Plan benefits provided to the employee and, if applicable, dependent(s) of the employee shall be borne by the employee. B. A Court Reporter appointed by a Judge of the Superior Court of Whitfield County pursuant to O.C.G.A. 15-14-1, et seq. (hereinafter

Page 4624

appointee), may elect, but only for so long as such appointee serves said Court under such appointment, to be covered by Health Plan coverage and to further have such qualified dependents of said appointee covered, by giving written notice of such electin to the Personnel Director of Whitfield County. The appointee's right to elect Health Plan coverage for such appointee, and, if applicable, dependent(s) of said appointee shall be subject to the following conditions: 1. Health Plan coverage may be maintained by said appointee only for so long as said appointee serves as the appointed Court Reporter for a Judge of the Superior Court of Whitfield County. 2. The total cost of coverage of Health Plan benefits provided to said Court Reporter and, if applicable, dependents(s) of said appointee, shall be borne by the appointee. The provisions of this Resolution shall become effective on the date of its second enactment. This 12th day of December, 1995. Whitfield County, Georgia Board of Commissioners Herb Martin, Chairman Debby Peppers Ray Nealey C.G. (Pat) Hicks Jim L. Smith County.42 RESOLUTION BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF WHITFIELD COUNTY, GEORGIA, in regular meeting assembled this 9th day of January, 1996 and by authority of the same IT IS HEREBY RESOLVED as follows: WHEREAS, by Act of the State Legislature of Georgia (Ga.Laws 1966, Vol. 2, p.3284, et seq.) the Board of Commissioners of Whitfield County was granted the authority ot provide group insurance for regular employees of Whitfield County, Georgia; and WHEREAS, by subsequent action of the Board of Commissioners a Whitfield County Health Plan (Health Plan) was adopted and approved; and WHEREAS, the Board of Commissioners has determined that he eligible class of employees under the Health Plan should be expanded as hereinafter provided;

Page 4625

NOW, THEREFORE, be it hereby resolved by the Board of Commissioners of Whitfield County that the Health Plan be modified by expanding said Plan coverage as follows: A. Each active employee of Whitfield County who upon retirement from employment desires to continue Health Plan coverage may elect, prior to such employee's effective date of retirement, to continue Health Plan coverage of such employee and, if applicable, to such dependent(s) of said employee by giving written notice of such election to the Personnel Director of Whitfield County. The employee's right to elect continued Health Plan coverage shall be subject to the following conditions: 1. Health Plan coverage must be in effect as to such employee, and, if applicable, as to dependent(s) of employee at the time of election. 2. Continued Health Plan coverage shall be provided at the same or such lesser level of coverage (as chosen by employee) as that level of coverage provided to such employee and, if applicable, dependent(s) of said employee, at the time of said employee's retirement. 3. Only those employees who retire within five (5) years of such employee's normal retirement date as defined by the Whitfield County Employee Pension Plan (as the same presently exists or may hereafter be restated or amended), shall be eligible continued Health Plan coverage. 4. The total cost of coverage of Health Plan benefits provided to the employee and, if applicable, dependent(s) of the employee shall be borne by the employee. B. A Court Reporter appointed by a Judge of the Superior Court of Whitfield County pursuant to O.C.G.A. 15-14-1, et seq. (hereinafter appointee), may elect, but only for so long as such appointee serves said Court under such appointment, to be covered by Health Plan coverage and to further have such appointment, to be covered by Health Plan coverage and to further have such qualified dependents of said appointee covered, by giving written notice of such election to the Personnel Director for such appointee, and, if applicable, dependent(s) of said appointee shall be subject to the following conditions: 1. Health Plan coverage may be maintained by said appointee only for so long as said appointee serves as the appointed Court Reporter for a Judge of the Superior Court of Whitfield County. 2. The total cost of coverage of Health Plan benefits provided to said Court Reporter and, if applicable, dependent(s) of said appointee, shall be borne by the appointee.

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The provisions of this Resolution shall become effective on the date of its second enactment. This 9th day of January, 1996. Whitfield County, Georgia Board of Commissioners Herb Martin, Chairman Debby Peppers Ray Nealey C.G. (Pat) Hicks Jim L. Smith County.43 State of Georgia, County of Whitfield. Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, MELVA SMITH, who after first being duly sworn, deposes and says under oath as follows: I am the Clerk and Secretary of the Board of Commissioners of Whitfield County, Georgia. Attached to this Affidavit are Resolutions unanimously adopted by the Board of Commissioners of Whitfield County, Georgia at their regular December 1995 and January 1996 meetings, to-wit: December 12, 1995 and January 9, 1996 changing certain provisions of the Act (GA Laws 1966, Volume II, p.3284, et seq.) authorizing the providing of group insurance for Whitfield County, Georgia employees pursuant to the provisions of Article IX, Section II, Paragraph I of the 1983 Constitution of the State Of Georgia. I personally delivered a copy of the proposed Amendment to the Clerk of the Superior Court of Whitfield County, Georgia to file in order that the public could examine and inspect the Amendment immediately following the adoption of the initial Resolution on December 12,1995. Melva Smith, Clerk/Secretary, Board of Commissioners, Whitfield County, Georgia Sworn to and subscribed before me, this 1st day of March, 1996. Patricia A. Mathis Notary Public, Whitfield County, Georgia My Commission Expires May 18, 1997 LEGAL AFFIDAVIT Dear Sir or Madem: I, Peter L. Mio, Advertising Director of the Daily Citizen-News, a newspaper published in the City of Dalton, Georgia, do solemnly swear the

Page 4627

legal advertisement for Group Insurance for County Employees has run 3 times in the legal section of our newspaper. Run dates are as follows: 12/22/95, 12/29/95, and 1/5/96 Peter L. Mio Advertising Director Sworn to be this day of January 22, 19 96. Elizabeth A. Rada Notary Public My Commission Expires Aug 2nd 1999 PUBLIC NOTICE The Board of Commissioners of Whitfield County, Georgia intends to amend the Act authorizing the providing of group insurance to employees of Whitfield County Georgia by expanding said plan coverage, said Amendment to be effective only from the date of its second enactment. A copy is on file in the Office of the Clerk of the Superior Court of Whitfield County, Georgia for the purpose of examination and inspection by the public. Melva Smith, Clerk/Secretary, Board of Commissioners, Whitfield County, Georgia 12/22 12/29 1/5. Filed in the Office of the Secretary of State March 11, 1996.

Page 4629

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 FAIRBURN RECORDER; PENALTIES FOR CONTEMPT OR VIOLATION OF ORDINANCES. ORDINANCE 95 - 95-07 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF FAIRBURN, GEORGIA; TO DELETE SECTION 46(c) OF THE CITY CHARTER AND SUBSTITUTE A NEW SECTION 46(c) IN LIEU THEREOF; TO DELETE SECTION 46(d) OF THE CITY CHARTER AND SUBSTITUTE A NEW SECTION 46(d) IN LIEU THEREOF; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED AND IT IS HEREBY ORDAINED BY MAYOR AND CITY COUNCIL OF THE CITY OF FAIRBURN, a political subdivision of the State of Georgia, as follows: Section 1. The Charter of the City of Fairburn is hereby amended by striking Section 46(c) of the Charter and substituting in lieu thereof a new Section 46(c) which shall read as follows: (c) The Recorder when sitting as a court shall have the power to punish for contempt by fine not exceeding Five Hundred Dollars ($500.00) and imprisonment in the city jail not to exceed six (6) months, either or both or any part of either or both. Section 2. The Charter of the City of Fairburn is hereby amended by striking Section 46(d) of the Charter and substituting in lieu thereof a new Section 46(d) which shall read as follows: (d) Upon conviction of the violation of any municipal ordinance, said Recorder shall have the right to sentence the defendant or defendants to pay a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment in the city jail not to exceed six (6) months, or both. Section 3. REPEAL FOR CERTAIN PURPOSES. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. It is hereby declared to be the intention of the Mayor and City Council of the City of Fairburn that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Section 5. EFFECTIVE DATE. This ordinance shall become effective immediately upon its passage.

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This 14 day of March, 1995. BETTY HANNAH Mayor, City of Fairburn ATTEST: BOBBIE C. LANGSTON City Clerk AFFIDAVIT OF PUBLICATION I, DEBORAH MURRAY do solemnly swear that I am ADVERTISING DIRECTOR of THE MARIETTA DAILY JOURNAL and NEIGHBOR NEWSPAPERS, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisement of Amendment To The City Charter for the city of Fairburn was inserted in the regular edition on Feb. 15, Feb. 22, and March 1, 1995. Deborah Murray This 3rd day of October, 19 95 Etha Smith Notary Public Notary Public, Cobb County, Georgia My Commission Expires February 24, 1998 NOTICE OF PROPOSED AMENDMENT TO THE CITY CHARTER CITY OF FAIRBURN The City of Fairburn proposes to amend its Charter by deleting Section 46 (c) and Section 46 (d) and substituting in lieu thereof a new Section 46 (c) and Section 46 (d) regarding the penalties imposed for violation of the City ordinances. The proposed amendment shall increase the maximum penalties imposed for a violation of the City ordinances. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Fairburn, Georgia and in the office of the Clerk of Fulton County Superior Court for the purposes of examination and inspection by the public. Upon written request to the City Clerk or the Clerk of Fulton County Superior Court, a copy of the proposed amendment shall be furnished for examination and inspection. Bobbie C. Langston City Clerk Filed in the Office of the Secretary of State October 10, 1995.

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CITY OF CARTERSVILLE CITY MANAGER; DUTIES. No. 50-95 Charter Amendment WHEREAS, the City of Cartersville desires to make an amendment to the City Charter of the City of Cartersville, Georgia, WHEREAS, a notice to the public, a copy of which is attached hereto, was published in the local organ once a week for three weeks beginning on the 19th day of October, 1995, in the official organ in the legal situs of the City of Cartersville, Georgia, being the Daily Tribune News. WHEREAS, a copy of the proposed amendment is on file at the Office of the City Clerk of the City of Cartersville, Georgia, and the Office of the Clerk of Superior Court of Bartow County, Georgia, as of the 18th day of October, 1995. WHEREAS, this is the Amended Charter Amendment which was tabled at the City Council of the City of Council meeting on October 12, 1995. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Mayor and City Council of the City of Cartersville, Georgia, that the Charter of the City of Cartersville, Georgia, Section 3.05, is to be amended by deleting said section in its entirety and replacing it with the following: Sec. 3.05. Chief Administrator. The City Manager shall be responsible to the City Council for the proper administration of all affairs of the City. As chief Administrator, the City Manager shall have the power to appoint and remove all employees in the administrative service of the City, except the City Clerk, Deputy City Clerk, City Attorney, and Recorder, who shall be appointed as provided in this Charter; and provided that the City Manager may only recommend the employment of department heads, as defined by ordinance, who shall be hired and fired only with the approval of the City Council. It shall be the duty of the City Manager to supervise the administration of the affairs of the City; to see that the ordinances, resolutions, and regulations of the City Council and the laws of the state are faithfully executed and enforced; to make such recommendations to the City Council concerning the affairs of the City as he shall deem expedient; to keep the mayor and council advised of the financial condition and future financial needs of the city; to attend all meetings of the City Council as directed by the Mayor and City Council, and to prepare and to submit to the City Council such reports as he may deem expedient or as my be required of him by the council; and to perform all other duties as may be required of him by the Council. He shall be the purchasing agent for the City of all supplies, materials, equipment, and all other articles and wares of every kind and description used by the City, except as hereinafter provided for the board of education. The City Council shall provide by ordinance for purchasing procedures.

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BE IT AND IT IS HEREBY ORDAINED. ADOPTED this 9th day of November, 1995. First Reading ADOPTED this 22nd day of November, 1995. Second Reading Alex T. Dent Alex T. Dent Mayor ATTEST: /s/Helen W. Oglesby Helen W. Oglesby City Clerk November 22, 1995 CLERK'S CERTIFICATE I, Helen Wilson-Oglesby, the duly appointed and qualified, City Clerk of the City of Cartersville, Georgia, do hereby certify that the following is a true and exact copy of City Charter Amendment No. 50-95. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Cartersville, Georgia, this 22nd day of November, 1995. Helen Wilson-Oglesby City Clerk (SEAL) STATE OF GEORGIA COUNTY OF BARTOW Before the undersigned attesting officer in and for said State, personally appeared CHARLES HURLEY, who on oath deposes and says he is the Publisher of The Daily Tribune News, the Newspaper in which Sheriff's advertisements appear for Bartow County; and that the attached notice was published in said newspaper on the following dates, to wit: 10/19, 26 11/2, 1995 Charles Hurley, Publisher Sworn to and subscribed before me this 20th day of November, 19 95. Johnette Dawson Notary Public, State at Large My Commission Expires: __________ PUBLIC NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CARTERSVILLE, GEORGIA WHEREAS, as amendment to the Charter of the City of Cartersville, Georgia, was tabled at the October 12, 1995, meeting of the Mayor and City

Page 4635

Council and is to be reproposed, reheard, and acted on for First Reading on the 9th day of November, 1995, and for Second and Final Reading on the 22nd day of November, 1995. A synopsis of the proposed amendment is as follows: The amendment is to provide that the City Manager is to attend all meetings of the City Council as directed by the Mayor and City Council. A copy of the proposed amendment is on file and available to the general public in the Office of the City Clerk of the City of Cartersville, Georgia, phone (404) 387-5606, address One Public Square, City Hall, Cartersville, Georgia 30120, and is on file in the Office of the Clerk of Superior Court, Bartow County, Georgia, phone (404) 387-5025, 135 West Cherokee Avenue, Suite 233, Cartersville, Georgia 30120. This 13th day of October, 1995. By:(s) ALEX T. DENT, MAYOR CITY OF CARTERSVILLE 10/19, 26 11/2 #1100 Filed in the Office of the Secretary of State November 29, 1995. CITY OF KENNESAW MAYOR AND COUNCIL; QUALIFICATION OF CANDIDATES. CITY OF KENNESAW Ordinance 1995 - 20 An Ordinance of the City of Kennesaw amending the City Charter, Section 5.02; updating the filing requirements for candidacy to elected office; and providing for an effective date. WHEREAS, the State has amended O.C.G.A. Section 21-3-91, effective July 1, 1995, regarding the time for candidates to file their notice of candidacy for election to municipal office; and WHEREAS, O.C.G.A. Section 21-3-91 now provides that said time for filing notice of candidacy shall not exceed five (5) days in the case of general elections; and WHEREAS, O.C.G.A. Section 21-3-91 requires in the case of a special election that candidates file at least twenty-five (25) days prior to the election; and WHEREAS, the present City Code of Ordinances, Section 2-2-3, and City Charter, Section 5.02, provide for filing deadlines and time periods which do not comport with State law as amended; and

Page 4636

WHEREAS, O.C.G.A. Section 21-3-91 now stipulates that the City must accept notices of candidacy during its normal business hours or from 8:30 a.m. to 4:30 p.m., whichever is longer, allowing for a one (1) hour lunch break. NOW, THEREFORE, BE IT ORDAINED, by the City of Kennesaw. Section 1 : The Charter of the City of Kennesaw, Section 5.02, is hereby amended as follows: Sec. 5.02 Qualifications of Candidates. (a) Any candidate for election to the offices of mayor or council member in any election shall file with the city clerk in writing his qualification: (1) In the case of a general election held in an odd numbered year, no earlier than 8:30 a.m. on the second Monday in September immediately preceding the general election and no later than 4:30 p.m. on the following Wednesday; (2) In the case of a general election held in an even-numbered year, no earlier than 8:30 a.m. on the last Monday in August immediately preceding the general election and no later than 4:30 p.m. on the following Wednesday; and (3) In the case of a special election, no later than 25 days prior to the election nor more than 28 days prior to the election. Section 2 : This ordinance shall take effect __________ Adopted this 5 day of September, 1995. J. O. Stephenson, Mayor City of Kennesaw Susan Rackley, Clerk City of Kennesaw January 3, 1996 I, Susan Rackley hereby certify that I am the Clerk for the City of Kennesaw and the lawful custodian of the books and records of said municipality, and as such do hereby certify that the attached copy of Ordinance # 1995-20, adopted on August 7, 1995 is a true and correct copy of said ordinance. So certified this the 3rd day of January, 1996. Susan Rackley, City Clerk

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PUBLISHER'S AFFIDAVIT STATE OF GEORGIA, - County of Cobb. Before me, the undersigned, a Notary Public, this day personally came Otis A. Brumby Jr., who, being duly sworn, according to law, says that He is the Publisher of the Marietta Daily Journal, publishers of the Marietta Daily Journal, official newspaper published at Marietta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 day(s) of October, 19 95, and on the 1 days of September, 19 95, as provided by law. Otis A. Brumby, Jr. Subscribed and sworn to before me this 22 day of January, 19 96. Bobbie Bleven Notary Public, Cobb County, Georgia My Commission Expires March 5, 1997 (SEAL) LEGAL ADS Notice is hereby given that the City of Kennesaw is considering amending the City Charter, Section 5.02, Qualifications of Candidates. Said changes shall be on file in the Clerk's Office, City hall, 2529 J.O. Stephenson Avenue and available for inspection by interested citizens Monday through Friday between the hours of 8:00 am and 5:00 pm. Susan Rackley City Clerk 08:18,25,09:01 Filed in the Office of the Secretary of State January 11, 1996. CITY OF NEWNAN ORDINANCES; ADOPTION. Ord. No. 95 - 26 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF NEWNAN BY AMENDING ARTICLE II, CITY GOVERNMENT, SECTION 2.12 (b), ORDINANCE FORM, PROCEDURE, SO AS TO PROVIDE FOR ADOPTION OF ORDINANCES UPON INTRODUCTION WHEN A VACANCY EXISTS, AND FOR OTHER PURPOSES BE IT ORDAINED and it is hereby ordained by the Mayor and Council of the City of Newnan and Georgia Code Section 69-1017 (O.C.G.A. 36-35-3); Ga. Laws 1965, Pages 298 et seq.; Ga. Laws 1966, Pages 295 et seq.;

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Ga. Laws 1976, Pages 1429 et seq. that paragraph (b) of Section 2.12, Ordinance form, procedure, of Article II, City Government, of the Charter of the city of Newnan, Georgia, approved March 31, 1987, (Ga. Laws 1987 p. 5160) be and is hereby repealed in its entirety and a new paragraph (b) of Section 2.12 of Article II is hereby added to the charter of the City of Newnan to read as follows: Section 2.12(b). An ordinance may be introduced by any member of the city council and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; however, an ordinance shall not be adopted the same day it is introduced unless said ordinance is an emergency ordinance as provided for in section 2.14 of this charger or unless said ordinance is unanimously approved by all members of the city council, except that when a vacancy in the office of the Mayor or a Councilmember exists, an ordinance may be adopted on the same day it is introduced provided that it is unanimously approved by all members then holding office. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. BE IT FURTHER ORDAINED, that all Charter provisions in conflict herewith are hereby repealed. BE IT FURTHER ORDAINED, that the effective date of this Ordinance amending the Charter of the city of Newnan be Nov. 14, 1995. ADOPTED by the City Council of the City of Newnan, Georgia, on second reading, in regular session assembled this 14th day of Nov, 1995. ATTEST: Peggy Dewberry City Clerk REVIEWED: C. Bradford Sears, Jr. City Attorney Richard A. Bolin City Manager L. Keith Brady, Mayor John P. Goodrum, Jr., Mayor Pro Tem (absent) Willie J. Lynch, Sr., Councilman Dr. Daniel D. Sanders, Councilman Dr. Philip G. Swords, Councilman Sidney Pope Jones, Jr., Councilman Charles B. Soucy, Councilman CLERK'S CERTIFICATION I hereby certify that the attached is a true and exact copy of the ordinance amending the Charter of the City of Newman adopted by the Mayor and

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Council of the City of Newnan, Georgia on first reading, the 24th day of October, 1995 and on second reading, the 14th day of November, 1995. Peggy Dewberry, City Clerk this, the 19th day of December, 1995 GEORGIA COWETA COUNTY Personally appeared before the undersigned office authorized to administer oath, W. W. Thomasson, Jr., who, after being duly sworn on oath, deposes and states that he is the publisher of the Newnan Times-Herald, which is the official organ of Coweta County, and that the following notice to amend the Charter of the City of Newnan was published in the Newnan Times-Herald on the following dates: October 11, 1995 October 18, 1995 October 25, 1995 Notice is hereby given that a proposed amendment to the Charter of the City of Newnan will be considered by the Mayor and Council of the City of Newnan, which will amend the Charter of the City of Newnan approved March 31, 1987, (Ga. Laws 1987, p. 5160) to amend Article II. City Government, SEC. 2.12(b) ordinance form, procedure, so as to provide for adoption of an ordinance on the same day it is introduced, provided that it is unanimously approved by all members of the City Council, except when a vacancy in the office of the Mayor or a Council member exists, an ordinance may be adopted on the same day it is introduced provided that it is unanimously approved by all members then holding office. The Mayor and Council of the City of Newnan will consider and act upon the proposed amendment and change at its regular meeting of October 24, 1995, with final adoption at its regular meeting of November 14, 1995. A copy of said proposed amendment is on file in the office of the Clerk of the City of Newnan and in the office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. W. W. Thomasson (SEAL) Sworn to and subscribed before me this the 25th day of October, 1995. Enola Marks Notary Public, State of Georgia My Commission Expires: 10/05/97

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NOTICE GEORGIA, COWETA COUNTY Notice is hereby given that a proposed amendment to the Charter of the City of Newnan will be considered by the Mayor and Council of the City of Newnan, which will amend the Charter of the City of Newnan approved March 31, 1987, (Ga. Laws 1987, p. 5160) to amend Article II. City government, SEC. 2.12 (b) Ordinance form, procedure, so as to provide for adoption of an ordinance on the same day it is introduced, provided that it is unanimously approved by all members of the City Council, except when a vacancy in the office of the Mayor or a Council member exists, an ordinance may be adopted on the same day it is introduced provided that it is unanimously approved by all members then holding office. The Mayor and Council of the City of Newnan will consider and act upon the proposed amendment and change at its regular meeting of October 24, 1995, with final adoption at its regular meeting of November 14, 1995. A copy of said proposed amendment is on file in the office of the Clerk of the City of Newnan and in the office of the Clerk of Superior Court of Coweta County for the purposes of examination and inspection by the public. The Clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment. This 11th day of October, 1995. Richard A. Bolin, City Manager C. Bradford Sears, Jr., City Attorney Filed in the office of the Secretary of State January 19, 1996.